/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/151117.mbx C L A S S A C T I O N R E P O R T E R Tuesday, November 17, 2015, Vol. 17, No. 229 Headlines 7-ELEVEN INC: "Gee" Suit Removed to Central District California ABITBOL ITALIAN: Faces "Cabanas" Suit Over Failure to Pay OT BLUE BUFFALO: Recalls Cat Treats Due to Propylene Glycol BLUE SHIELD: Faces "Homampour" Suit Over Unlawful Claims Handling BRETT ANTHONY: Recalls Tofu Curry Cous Cous Products BRETT ANTHONY: Recalls Wild Mushroom Soup Due to Chestnuts CALAVO GROWERS: Incurred $0.2MM in Legal Costs During Fiscal Q3 CALERES INC: Has $1.5MM Class Action Reserve at August 1 CELLCO PARTNERSHIP: Faces "Kinlaw" Suit Over Failure to Pay OT CHOW LAO: Faces "Smitherman" Suit Over Failure to Pay Overtime CONN'S INC: Remaining Defendants Want Securities Suit Dismissed CORPRA CARE: Sued in Ind. Over Illegal Debt Collection Practices CSFPDX LLC: Recalls Albacore Tuna Products Due to Clostridium EXPERIAN NORTH: Faces "Cohen" Suit Over Alleged Data Breach FANDUEL INC: Illegally Uses NFL Players' Name, "Garcon" Suit Says FANDUEL INC: Illegally Uses NFL Players' Name, "Mosley" Suit Says FARMER CREEK: Recalls Canned Albocore Tuna Due to C. botulinum FEDEX CORPORATION: Continues to Defend Wage-and-Hour Lawsuits FEDEX CORPORATION: $228MM Settlement Pending in California Case FINANCIAL BUSINESS: Sued Over Illegal Debt Collection Practices FIRST HORIZON: FTBNA Defendant in Class Action FRANCESCA'S HOLDINGS: Stipulation of Dismissal Granted GENERAL MILLS: Falsely Marketed Gluten Free Cheerios, Suit Says GEO GROUP: Accused of Wrongful Conduct Over Consumer Reports GIANT FOOD: Recalls Edamame Products Due to Soy GILMORE FISH: Recalls Canned Salmon Due to Clostridium Botulinum GLAXOSMITHKLINE: Faces "Camp" Suit in Mass. Over Zofra(R) GLAXOSMITHKLINE: Faces "Daniel" Suit Over Zofran(R) GLAXOSMITHKLINE: Faces "Davis" Suit in Mass. Over Zofran(R) GLAXOSMITHKLINE: Faces "Denson" Suit Over Zofran(R) GLAXOSMITHKLINE: Faces "Kuechle" Suit over Zofran(R) GLAXOSMITHKLINE: Faces "Price" Suit in Mass. Over Zofran(R) GLAXOSMITHKLINE: Faces "Reynolds" Suit Over Zofran(R) GLAXOSMITHKLINE: Faces "Valenzuela" Suit Over Zofran(R) GLAXOSMITHKLINE: Faces "Watkins" Suit in Mass. Over Zofran(R) GROWLIFE INC: Must Issue $2MM Shares for Class Action Settlement HELADOS LA: Recalls Milk Based Ice Cream Products Due to Egg HERR FOODS: Recalls Sour Cream and Onion Potato Chips HERTZ LOCAL: "Fernado" Suit Removed to C. Dist. California HIGH TECH: Has Made Unsolicited Calls, "Alan" Action Claims HORMEL FOODS: Recalls Skippy(R) Reduced Fat Peanut Butter Spread INAFFIT LLC: Recalls Natureal Light Green and Dark Green Capsules INNOVATIVE STYLING: Falsely Marketed Hair Products, Suit Claims KEANE GROUP: Fails to Pay Workers Overtime, "Moncrease" Suit Says KENSINGTON PROFESSIONAL: Sued in C.D. Cal. Over Unsolicited Calls KOZY SHACK: Recalls Salted Caramel Pudding Due to Egg LAKEVIEW PEARL: Doesn't Properly Pay Workers, "Nguyen" Suit Says MONSANTO COMPANY: Faces "Giglio" Suit Over Roundup(R) Herbicide MULTI-SHOT: "Freeman" Suit Seeks to Recover Unpaid Overtime NATIONAL VIDEO: Recalls Rhino 7 3000 Platinum Capsules NET 1 UEPS: S.D.N.Y. Court Dismissed Securities Class Action NEW YORK: Dept. of Education Sued Over Failure to Pay Overtime OLD OREGON: Recalls Canned Albacore Tuna Due to C. Botulinum OLEBOB'S SEAFOODS: Recalls Canned Tuna and Salmon Products PARAMOUNT GOLD: 6 Actions Challenging Merger Deal Remain Open PERU FOOD: Recalls Corn-Maiz Mote Products Due to Sulfites PREMIERE SALES: Recalls Rhino 7 3000 Capsules Due to Desmethyl QUEST MEDICAL: Recalls MPS Delivery Sets REDMAN POWER: Sued in Cal. Over Redman Power Chair Design Defects SANOFI US: Recalls Auvi-Q(R) Epinephrine Injections SHARIFI INC: Faces "Patel" Suit Over Failure to Pay Overtime SOCKEYE SUZY'S: Recalls Canned Fish Products Due to Clostridium SOUTHEASTERN GROCERS: Recalls Oatmeal Raisin Cookie Products SPECIAL LOGISTICS: "Wright" Suit Seeks to Recover Unpaid Wages STOP & SHOP: Recalls Edamame Products Due to Soy SWISHER HYGIENE: Class Action Filed Over Ecolab Sale TATE'S BAKE: Recalls Chocolate Chip Cookies Due to Walnut TILLY'S INC: Intends to Defend "Christiansen" Case TILLY'S INC: Working on Potential Resolution of "Rebolledo" Case TILLY'S INC: Intends to Defend "Whitten" Case TILLY'S INC: Settled "Ortiz" Class Action in E.D. Cal. TIME WARNER: MOU Reached in NY Action Related to Comcast Deal TRANSWORLD SYSTEMS: Illegally Collects Debt, "Libby" Suit Says UTI WORLDWIDE: Filed New Motion to Dismiss Class Action VIOLIN MEMORY: Class Action in Discovery Phase VOLKSWAGEN GROUP: Faces "Pomerantz" Suit Over Defeat Devices WAL-MART STORES: Petition for Writ Filed in Braun/Hummel Case WORLD VARIETY: Recalls Italian Pine Nuts Due to Salmonella XURA INC: To Defend Against Israeli Optionholder Class Action ZENOBIA COMPANY: Recalls Flax Seed Products Due to Salmonella ********* 7-ELEVEN INC: "Gee" Suit Removed to Central District California --------------------------------------------------------------- The class action lawsuit captioned Marvin Gee, Cathy Saylor, individually and on behalf of other members of the general public similarly situated v. 7-Eleven Inc. and Does 1 through 100, inclusive, Case No. BC582350, was removed from the Los Angeles Superior Court to the U.S. District Court for the Central District of California (Western Division - Los Angeles). The District Court Clerk assigned Case No. 2:15-cv-08513-PSG-AGR to the proceeding. 7-Eleven Inc. is a chain of retail convenience stores that operates primarily as a franchise. The Plaintiff is represented by: James Reid Kristy, Esq. THE KRISTY LAW FIRM 3020 Old Ranch Parkway Suite 300 Seal Beach, CA 90740 Telephone: (562) 799-5548 Facsimile: (562) 799-5724 E-mail: james@kristylaw.com - and - Kurt E. Kananen, Esq. HARTMANN AND KANANEN 20750 Ventura Boulevard Suite 101 Woodland Hills, CA 91364 Telephone: (818) 710-0151 Facsimile: (818) 710-0191 E-mail: kurtkananen@sbcglobal.net - and - Yashdeep Singh, Esq. YASH LAW GROUP 400 West Lambert Road Suite C Brea, CA 92821 Telephone: (714) 494-6244 Facsimile: (714) 406-0658 E-mail: ysingh@yashlaw.com The Defendant is represented by: Eric A. Welter, Esq. Laura Beth Thomasian, Esq. WELTER LAW FIRM PC 1141 Elden Street Suite 220 Herndon, VA 20170 Telephone: (703) 435-8500 Facsimile: (703) 435-8851 E-mail: eaw@welterlaw.com lbc@welterlaw.com - and - Sean Francis Daley, Esq. WELTER LAW FIRM, P.C. 2600 West Olive Avenue, Suite 527 Burbank, CA 91505 Telephone: (818) 333-5016 Facsimile: (818) 333-5017 E-mail: sfd@welterlaw.com - and - Julie R. Trotter, Esq. CALL AND JENSEN 610 Newport Center Drive Suite 700 Newport Beach, CA 92660 Telephone: (949) 717-3000 Facsimile: (949) 717-3100 E-mail: jtrotter@calljensen.com ABITBOL ITALIAN: Faces "Cabanas" Suit Over Failure to Pay OT ------------------------------------------------------------ Alberto Cabanas and other similarly-situated individuals v. Abitbol Italian, LLC, Abitbol Wings LLC, Abitbol Midtown Wings LLC, Bowen Abitbol, individually, Case No. 1:15-cv-24078 (S.D. Fla., October 31, 2015, is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate hotels in Florida. The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 South Dadeland Boulevard, Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com BLUE BUFFALO: Recalls Cat Treats Due to Propylene Glycol -------------------------------------------------------- Blue Buffalo Company, Ltd. is voluntarily recalling a limited production of Blue Kitty Yums Chicken Recipe Cat Treats that may contain low levels of propylene glycol, which is not permitted by the FDA for use in cat food. Cats reacting to high doses of propylene glycol may exhibit signs of depression and may have a loss of coordination, muscle twitching, and excessive urination and thirst. If your cat has consumed the recalled product and has these symptoms, please contact your veterinarian. The affected product was distributed nationwide in the US and Canada through pet specialty stores and e-commerce. The product is packaged in a 2 oz., plastic stand up pouch. Only these specific code dates of this product are involved: --- Blue Kitty Yums Tasty Chicken Recipe, UPC: 859610007820 - Best If Used By: April 24, 2016. --- Blue Kitty Yums Tasty Chicken Recipe, UPC: 859610007820 - Best If Used By: July 24, 2016. No other BLUE pet foods or treats are involved in this recall. The FDA tested product in response to a single consumer complaint and found propylene glycol in one bag of our cat treats in the impacted lot. To date we have had no other reports of incidents related to our cat treats. Out of an abundance of caution, we are voluntarily recalling all product manufactured in the same lot as the subject bag. Consumers who have purchased the product being recalled may return it to the place of purchase for a full refund. Consumers with questions may contact Blue Buffalo at: 888-667-1508 from 8 AM to 5 PM Eastern Time Monday through Friday and the weekend of November 7, 2015 or by email at BlueBuffalo5883@stericycle.com for more information. About Blue Buffalo Blue Buffalo, based in Wilton, CT, is a pet products company that makes natural foods and treats for pets. Pictures of the Recalled Products available at: http://is.gd/RTPl07 BLUE SHIELD: Faces "Homampour" Suit Over Unlawful Claims Handling ----------------------------------------------------------------- Aram Homampour, on behalf of himself and all others similarly situated v. Blue Shield of California Life and Health Insurance Company, Case No. 4:15-cv-05003-KAW (N.D. Cal., October 30, 2015) alleges that the Defendant is engaged in a pattern of unreasonable and egregious claims handling practices which have directly and adversely impacted individuals suffering from Hepatitis C, and particularly those individuals with a METAVIR liver fibrosis staging score5 of F0, F1 or F2 on a scale F0-F46, that seek coverage for Harvoni treatment regimens. Blue Shield of California Life and Health Insurance Company sell and market its insurance products to millions of consumers in California, and across the nation. The Plaintiff is represented by: Glenn R. Kantor, Esq. Timothy J. Rozelle, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886 2525 Facsimile: (818) 350 6272 E-mail: gkantor@kantorlaw.net trozelle@kantorlaw.net BRETT ANTHONY: Recalls Tofu Curry Cous Cous Products ---------------------------------------------------- Brett Anthony Foods of Elk Grove Village Illinois is recalling two 16oz containers of Tofu Curry Cous Cous Box because it may contain undeclared peanut, egg, sulfite. People who have an allergy or severe sensitivity to peanut, egg, sulfite run the risk of serious or life-threatening allergic reaction if they consume these products. The Tofu Curry Cous Cous Boxes were sold by Whole Foods Market, 3135 Washtenaw Ave Ann Arbor, Michigan 48104 Phone 734 975-4500 The Tofu Curry Cous Cous Box is packaged in a plastic 16oz box labeled Whole Foods Market, Tofu Curry Cous Cous Box. Its expiration date is 110715 located on the top of box. Only these two boxes with the code of 110715 are affected by this recall. NO ILLNESSES HAVE BEEN REPORTED TO DATE The problem was discovered by a Whole Foods team member upon receipt. The product was discovered to be labeled incorrectly without declaring the allergen. Consumers who have purchased the Tofu Curry Cous Cous Box are urged to return to the place of purchase for a full refund. Consumers with questions may contact the company at 847 272-4309, Monday through Friday, 9:00 to 3:00 CST. Pictures of the Recalled Products available at: http://is.gd/l4nWzZ BRETT ANTHONY: Recalls Wild Mushroom Soup Due to Chestnuts ---------------------------------------------------------- Brett Anthony Foods of Elk Grove Village Illinois is recalling 109, 24oz cups of Wild Mushroom Soup because it may contain undeclared chestnuts. People who have an allergy or severe sensitivity to chestnuts run the risk of serious or life- threatening allergic reaction if they consume these products. The Wild Mushroom Soup was sold by Whole Foods Markets in Illinois, Indiana, Michigan, Missouri, Minnesota and Nebraska. The Wild Mushroom Soup is packaged in a plastic 24oz cup labeled Whole Foods Market, Wild Mushroom Soup. Its expiration date is 112115 located on the bottom of the cups. NO ILLNESSES HAVE BEEN REPORTED TO DATE The problem was discovered by a Whole Foods team member upon receipt. The product was discovered to be labeled incorrectly without declaring the allergen. Consumers who have purchased the Wild Mushroom Soup are urged to return to the place of purchase for a full refund. Consumers with questions may contact the company at 847-272-4309, Monday through Friday, 9:00 to 3:00 CST. Pictures of the Recalled Products available at: http://is.gd/IpCt7M CALAVO GROWERS: Incurred $0.2MM in Legal Costs During Fiscal Q3 --------------------------------------------------------------- Calavo Growers, Inc. incurred $0.2 million in legal expenses related to a class action during the Company's third fiscal quarter, Calavo revealed in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015. The Company said, "In January 2015, various class action lawsuits, which have been consolidated into a single lawsuit during our second fiscal quarter, were initiated against the company related to the restatement of previously-issued financial statements. In the third quarter of fiscal 2015, the plaintiffs filed an amended complaint, to which we filed a motion to dismiss (MTD)." "In the fourth quarter of fiscal 2015, the plaintiffs filed an opposition to this MTD, to which we subsequently filed a reply to said opposition. "During our 3rd fiscal quarter, we incurred $0.2 million in legal expenses related to that lawsuit. We intend to vigorously defend ourselves against this lawsuit and we do not expect that such legal claims and litigation will ultimately have a material adverse effect on our consolidated financial position or results of operations." A hearing was scheduled in October 2015 on the motion to dismiss the consolidated class action. CALERES INC: Has $1.5MM Class Action Reserve at August 1 -------------------------------------------------------- Caleres, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015, that that the reserve for the settlement in a class action as of August 1, 2015 is $1.5 million. During 2014, the Company signed a settlement agreement to resolve a putative class action lawsuit involving wage and hour claims in California for an amount not to exceed $1.5 million. The court has granted preliminary approval of the settlement, pursuant to which the Company will pay a minimum of $1.0 million in attorneys' fees, costs of administering the settlement and settlement payments to class members who submit claims. A hearing for final approval of the settlement is scheduled for the third quarter of 2015. The reserve for this matter as of August 1, 2015 is $1.5 million. CELLCO PARTNERSHIP: Faces "Kinlaw" Suit Over Failure to Pay OT -------------------------------------------------------------- William Kinlaw, Martine Tucker, and Richard Williston, on behalf of themselves and all others similarly situated v. Cellco Partnership d/b/a Verizon Wireless, and Does 1-20, Case No. 1:15- cv-09760 (N.D. Ill., October 30, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Cellco Partnership owns, operates, or controls retail stores, kiosks, and in-store locations. The Plaintiff is represented by: Ilan Chorowsky, Esq. Mark A. Bulgarelli, Esq. Elizabeth Roberson-Young, Esq. PROGRESSIVE LAW GROUP LLC 140 S. Dearborn Street, Suite 315 Chicago, IL 60603 Telephone: (312) 787-2717 CHOW LAO: Faces "Smitherman" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Corey Smitherman v. Chow, Lao, Liew, LLC. d/b/a Hokkaido Japanese Steak and Sushi Bar, Case No. 2:15-cv-01950-JHE (N.D. Ala., October 30, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate a Japanese Steak and Sushi Bar employing servers at 607 15th Street East, Tuscaloosa, Alabama 35401. The Plaintiff is represented by: Jon C. Goldfarb, Esq. Daniel E. Arciniegas, Esq. L. William Smith, Esq. WIGGINS, CHILDS, PANTAZIS, FISHER, & GOLDFARB LLC The Kress Building 301 19th Street North Birmingham, AL 35203 Telephone: (205) 314-0500 Facsimile: (205) 254-1500 E-mail: jgoldfarb@wigginschilds.com dea@wigginschilds.com jsmith@wigginschilds.com CONN'S INC: Remaining Defendants Want Securities Suit Dismissed --------------------------------------------------------------- Conn's, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015, that the remaining defendants have filed a motion to dismiss the Securities Class Action Litigation. The Company said, "We and two of our current executive officers are defendants in a consolidated securities class action lawsuit pending in the Southern District of Texas, In re Conn's Inc. Securities Litigation, Cause No. 14-CV-00548 (the "Consolidated Securities Action"). The plaintiffs in the Consolidated Securities Action allege that the defendants made false and misleading statements and/or failed to disclose material adverse facts about our business, operations, and prospects. They allege violations of sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and seek to certify a class of all persons and entities that purchased or otherwise acquired Conn's common stock and/or call options, or sold/wrote Conn's put options between April 3, 2013 and December 9, 2014. The complaint does not specify the amount of damages sought." "On June 30, 2015, the Court held a hearing on the defendants' motion to dismiss plaintiffs' complaint. At the hearing, the Court dismissed Brian Taylor, a former executive officer, and certain other aspects of the complaint. The Court ordered plaintiffs to further amend their complaint in accordance with its ruling, and the plaintiffs filed their Fourth Consolidated Amended Complaint on July 21, 2015. The remaining defendants filed a motion to dismiss on August 28, 2015. "The defendants intend to vigorously defend against all of these claims. It is not possible at this time to predict the timing or outcome of any of this litigation." CORPRA CARE: Sued in Ind. Over Illegal Debt Collection Practices ---------------------------------------------------------------- Susan Almond, individually and on behalf of all others similarly situated v. Corpra Care, Inc., Case No. 1:15-cv-01727 (S.D. Ind., October 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Corpra Care, Inc. owns and operates a medical billing service company located at 1011 S Texas 6 # 309, Houston, TX 77077. The Plaintiff is represented by: Angie K. Robertson, Esq Mary E. Philipps, Esq. David J. Philipps, Esq. PHILIPPS AND PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Telephone: (708) 974-2900 Facsimile: (708) 974-2907 E-mail: angie@philippslegal.com mephilipps@aol.com davephilipps@aol.com - and - John Thomas Steinkamp, Esq. JOHN T. STEINKAMP AND ASSOCIATES 5218 S. East Street, Suite E1 Indianapolis, IN 46227 Telephone: (317) 780-8300 Facsimile: (317) 217-1320 E-mail: steinkamplaw@yahoo.com CSFPDX LLC: Recalls Albacore Tuna Products Due to Clostridium ------------------------------------------------------------- CSFPDX LLC of Garibaldi, Oregon is voluntarily recalling ALL CS Fishery Wild Albacore Tuna with any codes starting with "OC", canned by a third party, Skipanon Brand Seafoods LLC, because it has the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. This recall only affects the CS Fishery Wild Albacore Tuna in cans, net weight 64 oz. (4 lbs.), code OCK 16APR2017 (can be found on either the bottom or on top of the can),which we purchased from Skipanon Brand Seafoods LLC. Our other canned seafood products, including 7.5 oz. canned premium Wild Line Caught Albacore Tuna, are not affected by this recall. The recalled product was sold to consumers at our retail location or distributed to retail stores and wholesalers in Oregon. The last date of distribution of recalled products was September 2015. There have been no reported cases of illnesses associated with our product to date. Consumers who have purchased recalled CS Fishery Wild Albacore Tuna, 64 oz. cans, are urged to destroy or return it to the firm for a full refund. If you have any questions, please call CSFPDX at 503-609-0071 between the hours of 9 am and 4 pm PST, Monday-Friday. Pictures of the Recalled Products available at: http://is.gd/WOq3XF EXPERIAN NORTH: Faces "Cohen" Suit Over Alleged Data Breach ----------------------------------------------------------- Aaron R. Cohen v. Experian North America, Inc., Case No. 1:15-cv- 09738 (N.D. Ill., October 30, 2015) arises out of the massive hack on Experian's servers that compromised the sensitive data of T- Mobile's customers and individuals who applied for credit with T- Mobile. Experian North America, Inc. ranks in the top three consumer credit reporting agencies in the United States with annual sales of more than $2 billion. The Plaintiff is represented by: Carol V. Gilden, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 190 South LaSalle Street, Suite 1705 Chicago, IL 60603 Telephone: (312) 357-0370 Facsimile: (312) 357-0369 E-mail: cgilden@cohenmilstein.com - and - Andrew N. Friedman, Esq. Douglas J. McNamara, Esq. Sally M. Handmaker, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave. NW Suite 500, West Tower Washington, DC 20005 Telephone: (202) 408-4600 E-mail: afriedman@cohenmilstein.com dmcnamara@cohenmilstein.com shandmaker@cohenmilstein.com FANDUEL INC: Illegally Uses NFL Players' Name, "Garcon" Suit Says ----------------------------------------------------------------- Pierre Garcon, individually and on behalf of all those similarly situated v. Fanduel Inc., Case No. 8:15-cv-03324-PJM (D. Md., October 30, 2015) alleges that the Defendant illegally uses National Football League players' names and likenesses in its television and online advertisements and in the operation of its daily fantasy sports gaming products. Fanduel Inc. is a Delaware corporation, based in New York City, New York, that has created what is essentially its own series of interactive online simulation games. The Plaintiff is represented by: Brian A. Glasser, Esq. Thanos Basdekis, Esq BAILEY & GLASSER LLP 1054 31st Street, Suite 230 Washington, DC 20007 Telephone: (202) 463-2101 Facsimile: (202) 463-2103 E-mail: bglasser@baileyglasser.com tbasdekis@baileyglasser.com - and - Joseph F. Murray, Esq. Brian K. Murphy, Esq. Geoffrey J. Moul, Esq. MURRAY MURPHY MOUL + BASIL LLP 1114 Dublin Road Columbus, OH 43215 Telephone: (614) 488-0400 Facsimile: (614) 488-0401 E-mail: murray@mmmb.com murphy@mmmb.com moul@mmmb.com FANDUEL INC: Illegally Uses NFL Players' Name, "Mosley" Suit Says ----------------------------------------------------------------- Tony Mosley and Danny Dahl, individually and on behalf of all others similarly situated v. Fanduel, Inc., et al., Case No. 1:15- cv-00912 (M.D. Cal., October 30, 2015) alleges that the Defendant illegally uses National Football League players' names and likenesses in its television and online advertisements and in the operation of its daily fantasy sports gaming products. Fanduel Inc. is a Delaware corporation, based in New York City, New York, that has created what is essentially its own series of interactive online simulation games. The Plaintiff is represented by: Jean Sutton Martin, Esq. LAW OFFICE OF JEAN SUTTON MARTIN PLLC 2018 Eastwood Road, Suite 225 Wilmington, NC 28403 Telephone: (910) 292-6676 E-mail: jean@jsmlawoffice.com - and - John A. Yanchunis, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 North Franklin Street 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 E-mail: jyanchunis@forthepeople.com FARMER CREEK: Recalls Canned Albocore Tuna Due to C. botulinum -------------------------------------------------------------- Farmer Creek of Cloverdale, OR is voluntarily recalling canned albacore tuna with the Farmer Creek brand label with any codes starting with "OC" because it has the potential to be contaminated with Clostridium botulinum, a bacterium that can cause life- threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. There have been no reported cases of illness to date. All products were sold to consumers from our farm stand and farmers markets in Oregon. The last date of distribution of recalled products was September 2015. Affected production codes include any codes starting with "OC". The code can be found either on the bottom or on top of the can. Recalled product is packaged in metal cans with net weight of 6oz. This voluntary recall was initiated after we were notified that our products were possibly under-processed. The problem was discovered during an inspection at Skipanon Brand Seafoods LLC by the US Food and Drug Administration (FDA). Consumers are advised to destroy recalled product. If you have any questions, please contact Farmer Creek by email to porterrockproducts@gmail.com Pictures of the Recalled Products available at: http://is.gd/RZjnlQ FEDEX CORPORATION: Continues to Defend Wage-and-Hour Lawsuits ------------------------------------------------------------- FedEx Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 17, 2015, for the quarterly period ended August 31, 2015, that the Company continues to defend so-called wage-and-hour lawsuits. "We are a defendant in a number of lawsuits containing various class-action allegations of wage-and-hour violations," the Company said. "The plaintiffs in these lawsuits allege, among other things, that they were forced to work "off the clock," were not paid overtime or were not provided work breaks or other benefits. The complaints generally seek unspecified monetary damages, injunctive relief, or both. We do not believe that a material loss is reasonably possible with respect to any of these matters." FEDEX CORPORATION: $228MM Settlement Pending in California Case --------------------------------------------------------------- The parties in the independent contractor lawsuits in California against FedEx Ground have reached an agreement to settle the matter for $228 million, and the deal is pending court approval, FedEx Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 17, 2015, for the quarterly period ended August 31, 2015. FedEx Ground is involved in numerous class-action lawsuits (including 25 that have been certified as class actions), individual lawsuits and state tax and other administrative proceedings that claim that the company's owner-operators should be treated as employees, rather than independent contractors. Most of the class-action lawsuits were consolidated for administration of the pre-trial proceedings by a single federal court, the U.S. District Court for the Northern District of Indiana. The multidistrict litigation court granted class certification in 28 cases and denied it in 14 cases. On December 13, 2010, the court entered an opinion and order addressing all outstanding motions for summary judgment on the status of the owner-operators (i.e., independent contractor vs. employee). "In sum, the court ruled on our summary judgment motions and entered judgment in favor of FedEx Ground on all claims in 20 of the 28 multidistrict litigation cases that had been certified as class actions, finding that the owner-operators in those cases were contractors as a matter of the law of 20 states," the Company said. The plaintiffs filed notices of appeal in all of these 20 cases. The Seventh Circuit heard the appeal in the Kansas case in January 2012 and, in July 2012, issued an opinion that did not make a determination with respect to the correctness of the district court's decision and, instead, certified two questions to the Kansas Supreme Court related to the classification of the plaintiffs as independent contractors under the Kansas Wage Payment Act. The other 19 cases that are before the Seventh Circuit were stayed pending a decision of the Kansas Supreme Court. On October 3, 2014, the Kansas Supreme Court determined that a 20 factor right to control test applies to claims under the Kansas Wage Payment Act and concluded that under that test, the class members were employees, not independent contractors. The case was subsequently transferred back to the Seventh Circuit, where both parties made filings requesting the action necessary to complete the resolution of the appeals. The parties also made recommendations to the court regarding next steps for the other 19 cases that are before the Seventh Circuit. FedEx Ground requested that each of those cases be separately briefed given the potential differences in the applicable state law from that in Kansas. "During the second quarter of 2015, we established an accrual for the estimated probable loss in the Kansas case that was required to be recognized pursuant to applicable accounting standards. This amount was immaterial," the Company said. On July 8, 2015, the Seventh Circuit issued an order and opinion confirming the decision of the Kansas Supreme Court, concluding that the class members are employees, not independent contractors. Additionally, the Seventh Circuit referred the other 19 cases to a representative of the court for purposes of setting a case management conference to address briefing and argument for those cases. The multidistrict litigation court remanded the other eight certified class actions back to the district courts where they were originally filed because its summary judgment ruling did not completely dispose of all of the claims in those lawsuits. Three of these matters settled for immaterial amounts and have received court approval. One of the cases is currently pending in the Eastern District of Arkansas. Another case was appealed to the Eleventh Circuit Court of Appeals where the court reversed the class-wide summary judgment decision on May 28, 2015 and remanded the case for trial, holding that there are disputed issues of fact as to whether the class members are employees or independent contractors. Two cases in Oregon and one in California were appealed to the Ninth Circuit Court of Appeals, where the court reversed the district court decisions and held that the plaintiffs in California and Oregon were employees as a matter of law and remanded the cases to their respective district courts for further proceedings. "In the first quarter of 2015, we recognized an accrual for the then-estimated probable loss in those cases that was required to be recognized pursuant to applicable accounting standards. This amount was immaterial," the Company said. In June 2015, the parties in the California case engaged in mediation and reached an agreement to settle the matter for $228 million, and in the fourth quarter of 2015 the Company increased the accrual to that amount. The settlement agreement is pending court approval. In the Oregon cases, material exposure above the accrued amount is reasonably possible. "We continue to evaluate what facts may arise in the course of discovery and what legal rulings the courts may render and how these facts and rulings might impact FedEx Ground's loss," the Company said. "For a number of reasons, we are not currently able to estimate a range of reasonably possible loss in excess of the amount accrued. The number and identities of plaintiffs in these lawsuits are uncertain, as they are dependent on how the class of full-time drivers is defined and how many individuals will qualify based on whatever criteria may be established. In addition, the parties have conducted only very limited discovery into damages, which could vary considerably from plaintiff to plaintiff and be dependent on evidence pertaining to individual plaintiffs, which has yet to be produced in the cases. Further, the range of potential loss could be impacted substantially by future rulings by the court, including on the merits of the claims, on FedEx Ground's defenses, and on evidentiary issues." With respect to the matters that are pending outside of Oregon, it is reasonably possible that potential loss in some of these lawsuits or changes to the independent contractor status of FedEx Ground's owner-operators could be material. "Similar to our analysis of loss contingency in the Oregon cases, we continue to evaluate what facts may arise in the course of discovery and what legal rulings the courts may render and how these facts and rulings might impact FedEx Ground's loss," the Company added. The Company also said it is defending contractor-model cases that are not or are no longer part of the multidistrict litigation. "These cases are in varying stages of litigation, and we do not expect to incur a material loss in any of these matters," according to the Company. "Adverse determinations in matters related to FedEx Ground's independent contractors, could, among other things, entitle certain of our owner-operators and their drivers to the reimbursement of certain expenses and to the benefit of wage-and-hour laws and result in employment and withholding tax and benefit liability for FedEx Ground, and could result in changes to the independent contractor status of FedEx Ground's owner-operators in certain jurisdictions. We believe that FedEx Ground's owner-operators are properly classified as independent contractors and that FedEx Ground is not an employer of the drivers of the company's independent contractors." FINANCIAL BUSINESS: Sued Over Illegal Debt Collection Practices --------------------------------------------------------------- Michael Moore, individually and on behalf of all others similarly situated v. Financial Business and Consumer Solutions, Inc., Case No. 1:15-cv-01728 (S.D. Ind., October 30, 2015), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Financial Business and Consumer Solutions, Inc. operates a federal bond and collection service company. The Plaintiff is represented by: Angie K. Robertson, Esq Mary E. Philipps, Esq. David J. Philipps, Esq. PHILIPPS AND PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Telephone: (708) 974-2900 Facsimile: (708) 974-2907 E-mail: angie@philippslegal.com mephilipps@aol.com davephilipps@aol.com - and - John Thomas Steinkamp, Esq. JOHN T. STEINKAMP AND ASSOCIATES 5218 S. East Street, Suite E1 Indianapolis, IN 46227 Telephone: (317) 780-8300 Facsimile: (317) 217-1320 E-mail: steinkamplaw@yahoo.com FIRST HORIZON: FTBNA Defendant in Class Action ---------------------------------------------- First Horizon National Corporation said in its Form 8-K Report filed with the Securities and Exchange Commission on October 19, 2015, that First Tennessee Bank National Association ("FTBNA") is a defendant in a putative class action lawsuit concerning overdraft fees charged in connection with debit card transactions. A key claim is that the method used to order or sequence the transactions posted each day was improper. The case is styled as Hawkins v. First Tennessee Bank National Association, before the Circuit Court for Shelby County, Tennessee, Case No. CT-004085-11. The plaintiff seeks actual damages of at least $5 million, unspecified restitution of fees charged, and unspecified punitive damages, among other things. FHN's estimate of reasonably possible loss for this matter is subject to significant uncertainties regarding: whether a class will be certified and, if so, the definition of the class; claims as to which no dollar amount is specified; the potential remedies that might be available or awarded; the ultimate outcome of potentially significant motions such as motions to dismiss, or for summary judgment; and the incomplete status of the discovery process. FRANCESCA'S HOLDINGS: Stipulation of Dismissal Granted ------------------------------------------------------ Francesca's Holdings Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015, that the U.S. Court of Appeals for the Second Circuit has granted a stipulation of voluntary dismissal, which withdrew the appeal in a consolidated class action with prejudice. On September 27, 2013 and November 4, 2013, two purported class action lawsuits entitled Ortuzar v. Francesca's Holdings Corp., et al. and West Palm Beach Police Pension Fund v. Francesca's Holdings Corp., et al. were filed in the United States District Court for the Southern District of New York against the Company and certain of its current and former directors and officers for alleged violations of the federal securities laws arising from statements in certain public disclosures regarding the Company's current and future business and financial condition. On December 19, 2013, the Court consolidated the actions and appointed Arkansas Teacher Retirement System as lead plaintiff. On March 14, 2014, lead plaintiff filed a consolidated class action complaint purportedly on behalf of shareholders that purchased or acquired the Company's publicly traded common stock between July 22, 2011 and September 3, 2013 against the Company and certain of its current and former directors and officers. The consolidated complaint asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 for allegedly false and misleading statements in the Company's public disclosures concerning, among other things, the Company's relationship with certain vendors. The lawsuit sought damages in an unspecified amount. On May 13, 2014 the defendants moved to dismiss the consolidated complaint. By Order and Judgment entered April 1, 2015, the Court granted defendants' motion to dismiss and dismissed the consolidated complaint in its entirety with prejudice and closed the case. On April 29, 2015, the lead plaintiff filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit of the Court's judgment dismissing the consolidated complaint. On June 12, 2015, the U.S. Court of Appeals for the Second Circuit granted the parties' stipulation of voluntary dismissal, which withdrew the appeal with prejudice. GENERAL MILLS: Falsely Marketed Gluten Free Cheerios, Suit Says --------------------------------------------------------------- Keri Van Lengen and Deborah Nava, on behalf of themselves, and a class of similarly situated persons v. General Mills, Inc., et al., Case No. 2:15-cv-02262-MCE-KJN (E.D. Cal., October 30, 2015) arises out of the Defendants' alleged deceptive, unfair and false advertising and merchandising practices regarding its "Gluten Free" Cheerios and Honey Nut Cheerios. General Mills, Inc. is a manufacturer and marketer of branded consumer foods sold through retail stores. The Plaintiff is represented by: C. Brooks Cutter, Esq., John R. Parker, Jr., Esq. CUTTER LAW P.C. 401 Watt Avenue Sacramento, CA 95864 Telephone: (916) 290-9400 Facsimile: (916) 669-4499 E-mail: bcutter@cutterlaw.com jparker@cutterlaw.com GEO GROUP: Accused of Wrongful Conduct Over Consumer Reports ------------------------------------------------------------ Eric Keels, individually and on behalf of all others similarly situated v. The Geo Group, Inc. and Accurate Background, Inc., Case No. 1:15-cv-06261-CBA-SMG (E.D.N.Y., October 30, 2015) is brought against the Defendants for violation of the Fair Credit Reporting Act, specifically by using consumer reports to make adverse employment decisions without first providing the applicant who is the subject of the report with sufficient and timely notification of its intent to take an adverse action, a copy of the report, and a summary of the applicants' rights under the FCRA. The Geo Group, Inc. is in the business of incarceration, operating private, for-profit prisons throughout the world. Accurate Background, Inc. provides background checks to approximately 6,500 corporate clients. The Plaintiff is represented by: Ossai Miazad, Esq. Christopher M. McNerney, Esq. OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, NY 10016 Telephone: (212) 245-1000 Facsimile: (646) 509-2060 GIANT FOOD: Recalls Edamame Products Due to Soy ----------------------------------------------- GIANT Food Stores, LLC and MARTIN'S Food Markets announced it removed from sale Nature's Promise Organic Edamame products because they contain soy, which is not listed on the ingredient label. These products are safe to consume for individuals who do not suffer from a soy allergy. The following products are included in this recall: Nature's Promise Organic Shelled Edamame, 16 oz., UPC 68826712764 Nature's Promise Organic Edamame in Pod, 16 oz., UPC 68826702124 GIANT/MARTIN'S has received no reports of illnesses to date. People who have an allergy or severe sensitivity to soy may run the risk of serious or life-threatening allergic reaction if they consume these products. Symptoms of food allergies typically appear from within a few minutes to two hours after a person has eaten the food to which he or she is allergic. Allergic reactions can include: hives; flushed skin or rash; tingling or itchy sensation in the mouth; face, tongue, or lip swelling; vomiting and/or diarrhea; abdominal cramps; coughing or wheezing; dizziness and/or lightheadedness; swelling of the throat and vocal cords; difficulty breathing; loss of consciousness. Customers who have purchased these products should discard any unused portions and bring their purchase receipt to GIANT/MARTIN'S for a full refund. Consumers looking for additional information on the recall may call GIANT/MARTIN'S Customer Service at 1-888-814-4268 for more information. Customers can also visit the GIANT or MARTIN'S websites. GIANT/MARTIN'S is committed to helping its customers save money, save time and eat well. Founded in 1923 in Carlisle, Pennsylvania, GIANT/MARTIN'S operates nearly 200 grocery stores in Pennsylvania, Maryland, Virginia and West Virginia, under the names of GIANT Food Stores and MARTIN'S Food Markets. GIANT/MARTIN'S employs more than 33,000 associates and is a division of Ahold USA. In addition to working with hundreds of local and regional organizations annually, GIANT/MARTIN'S has a long-standing focus on efforts to eradicate hunger and improve the quality of life for children. GIANT/MARTIN'S is one of the top ten fund-raisers in the country for local Children's Miracle Network hospitals. The company was also recognized as 2015 Chain Retailer of the Year by Grocery Headquarters. For more information visit the GIANT or MARTIN'S websites. Find GIANT and MARTIN'S on Facebook and on Twitter @GiantFoodStores or @MartinsFoodMkts. Pictures of the Recalled Products available at: http://is.gd/UHqMfY GILMORE FISH: Recalls Canned Salmon Due to Clostridium Botulinum ---------------------------------------------------------------- Gilmore Fish of Dallesport, Washington is voluntarily recalling ALL canned (Gourmet smoked Columbia sturgeon, fresh packed Pacific salmon, gourmet smoked Chinook salmon), Gilmore Fish brand, with any codes starting with "OC" because it has the potential to be contaminated with Clostridium botulinum, a bacterium that can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. There have been no reported cases of illness to date. All products were sold to consumers from retail stores in Dallesport, Washington. The last date of distribution of recalled products was September 2015. Affected production codes include any codes starting with "OC". The code can be found on either at the bottom or on top of the can. Recalled products are packaged in metal cans with net weight 5 oz. or 7 oz. cans. Product Name Net Weight UPC ------------ ---------- --- Gourmet Smoked Columbia Sturgeon 5 oz. none Smoked Wine Maple Salmon 5 oz. none Smoked Chinook Salmon 7 oz. none This voluntary recall was initiated after the company was notified that its products were possibly under-processed by its contract manufacturer. The problem was discovered during an inspection at Skipanon Brand Seafoods LLC by the US Food and Drug Administration (FDA). Consumers are advised to destroy or return recalled product to Gilmore Fish Smokehouse for a refund. If you have any questions, please contact Gilmore Fish Smokehouse at 509-767-1650 between 10am and 6pm PST, Monday-Friday or by email to gilmorefish@gmail.com. Pictures of the Recalled Products available at: http://is.gd/l3yIsR GLAXOSMITHKLINE: Faces "Camp" Suit in Mass. Over Zofra(R) --------------------------------------------------------- Stephanie Camp, individually and on behalf of her children D.C. and R.C., minors v. GlaxoSmithKline LLC, Case No. 1:15-cv- 13683-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages, and such other relief deemed just and proper arising from the injuries to D.C. and R.C. as a result of their prenatal exposures to the generic bioequivalent form of the prescription drug Zofra(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Daniel" Suit Over Zofran(R) --------------------------------------------------- Kimberly Daniel, individually and on behalf of her son T.D., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13681-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages and such other relief deemed just and proper arising from the injuries to T.D. as a result of his prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Davis" Suit in Mass. Over Zofran(R) ----------------------------------------------------------- Jessica Davis, individually and on behalf of her daughter B.D., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13682-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages and such other relief deemed just and proper arising from the injuries to B.D. as a result of his prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Denson" Suit Over Zofran(R) --------------------------------------------------- Laporsha Denson, individually and on behalf of her son C.D., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13684-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages and such other relief deemed just and proper arising from the injuries to C.D. as a result of his prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Kuechle" Suit over Zofran(R) ---------------------------------------------------- Elizabeth Kuechle and Shawn Kuechle, individually and on behalf of their daughter P.K., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13685-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages, and such other relief deemed just and proper arising from the injuries to P.K. as a result of her prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Price" Suit in Mass. Over Zofran(R) ----------------------------------------------------------- Cali Price, individually and on behalf of her son C.P., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13686-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages, and such other relief deemed just and proper arising from the injuries to C.P. as a result of his prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Reynolds" Suit Over Zofran(R) ----------------------------------------------------- Christine Reynolds, Individually and as Parent and Natural Guardian of B.R., a Minor v. GlaxoSmithKline LLC, Case No. 2:15- cv-01951-VEH (N.D. Ala., October 30, 2015) is an action for compensatory and punitive damages, equitable relief, and such other relief deemed just and proper arising from the injuries to B.R. as a result of her prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Jonathan W. Gathings, Esq. JONATHAN W. GATHINGS & ASSOCIATES, LLC 3288 Morgan Drive, Suite 112 Birmingham, AL 35216 Telephone: (205) 324-4418 Facsimile: (205) 324-5240 E-mail: jonathan@jonathanwgathings.com GLAXOSMITHKLINE: Faces "Valenzuela" Suit Over Zofran(R) ------------------------------------------------------- Danetta Valenzuela and Brian Valenzuela, individually and on behalf of their daughter B.V., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13689-FDS (D. Mass. October 29, 2015) is an action for compensatory and punitive damages, and such other relief deemed just and proper arising from the injuries to B.V. as a result of her prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GLAXOSMITHKLINE: Faces "Watkins" Suit in Mass. Over Zofran(R) ------------------------------------------------------------- Bridgit Watkins, individually and on behalf of her son B.W., a minor v. GlaxoSmithKline LLC, Case No. 1:15-cv-13690-FDS (D. Mass., October 29, 2015) is an action for compensatory and punitive damages and such other relief deemed just and proper arising from the injuries to B.W. as a result of his prenatal exposures to the generic bioequivalent form of the prescription drug Zofran(R), also known as ondansetron. Zofran is a prescription drug that helps prevent and mitigate nausea and vomiting. Glaxosmithkline, LLC operates a pharmaceutical company which has identified its principal place of business in Wilmington, Delaware. The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Robert K. Jenner, Esq. Kathleen Kerner, Esq. JANET, JENNER & SUGGS, LLC 31 St. James Avenue, Suite 365 Boston, MA 02116 Telephone: (617) 933-1265 Facsimile: (410) 653-9030 E-mail: kdougherty@myadvocates.com rjenner@myadvocates.com kkerner@myadvocates.com - and - Jay W. Eisenhofer, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: jeisenhofer@gelaw.com cmoyna@gelaw.com - and - M. Elizabeth Graham, Esq. Thomas V. Ayala, Esq. Stephanie E. Smiertka, Esq. GRANT & EISENHOFER P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Facsimile: (302) 622-7100 E-mail: egraham@gelaw.com tayala@gelaw.com ssmiertka@gelaw.com GROWLIFE INC: Must Issue $2MM Shares for Class Action Settlement ---------------------------------------------------------------- GrowLife, Inc. is obligated to issue $2 million in common stock or approximately 115.1 million shares related to the settlement of the consolidated securities class action and derivative action lawsuits filed against the Company in United States District Court, Central District of California, GrowLife, Inc. said in its Form 10-K Report filed with the Securities and Exchange Commission on September 30, 2015, for the fiscal year ended December 31, 2014. Beginning on April 18, 2014, three class action lawsuits alleging violations of federal securities laws were filed against us in United States District Court, Central District of California (the "Court"). At a hearing held on July 21, 2014, the three class action lawsuits were consolidated into one case with Lawrence Rosen as the lead plaintiff (the "Consolidated Class Action," styled Romero et al. vs. GrowLife et al.). On May 15, 2014 and August 4, 2014, respectively two shareholder derivative lawsuits were filed against us with the Court (the "Derivative Actions"). On October 20, 2014, AmTrust North America, our insurer, filed a lawsuit contesting insurance coverage on the above legal proceedings. On January 20, 2015, the Court ordered all of the above actions stayed pending completion of mediation of the dispute. The parties then worked diligently to finalize settlement documentation on the above actions. On April 27, 2015, the Court preliminarily approved the proposed settlement of the Consolidated Class Action. On June 1, 2015, the Court preliminarily approved the proposed settlement of the Derivative Actions pursuant to a proposed stipulated settlement agreement. On August 3, 2015, the Court entered a Final Order and Judgment resolving the Consolidated Class Action litigation in its entirety. The Consolidated Class Action was thereby dismissed in its entirety with prejudice and without costs. On August 10, 2015, pursuant to a settlement by and between the Company and AmTrust North America, AmTrust's lawsuit contesting insurance coverage of the Consolidated Class Action and Derivative Actions was dismissed in its entirety with prejudice pursuant to a Stipulation for Dismissal of Entire Action with Prejudice executed by and between AmTrust and the Company. On August 17, 2015, the Court entered a Final Order and Judgment resolving the Derivative Actions in their entirety. The Derivative Actions were thereby dismissed in their entirety with prejudice. As a result, all litigation is resolved in full at this time. HELADOS LA: Recalls Milk Based Ice Cream Products Due to Egg ------------------------------------------------------------ Helados La Tapatia, Inc., of Fresno, California, is voluntarily recalling 13 milk based ice cream products manufactured during the limited time frame of October 8, 2015, through October 16, 2015, (see separate UPC Inventory list provided herewith for detailed description) due to the inclusion of egg and soy ingredients which were not identified on product packaging and which are potential allergens to some people. The products were distributed to select retail stores in a limited area of Northern California. The products are sold under the brand name of Helados La Tapatia. Helados La Tapatia is also voluntarily recalling its 4oz Cookies "n" Cream bar due to the undeclared Wheat and Soy and the 4oz Granola bar due to undeclared Almonds and Soy. These products were distributed in Arizona, California, Nevada, and Washington. The products are sold under the brand name of Helados La Tapatia. People who have an allergy or severe sensitivity to soy, eggs and almonds run the risk of a serious life-threatening allergic reaction if they consume these products. No illnesses or adverse reactions have been reported to date. The recall was the result of a routine inspection program by the U.S. FDA. A separate UPC Inventory of the products and their UPC codes is provided. The production and distribution of the identified products have been suspended until accurate labeling for the products is achieved. Consumers who have purchased the Helados La Tapatia products are urged to return the products to the place of purchase for a full refund. Consumers with questions may contact the company at 1-559-441-1105 Monday through Friday, 6:00a.m. - 5:00p.m. (PDT); Saturday, 9:00a.m. - 5:00p.m. (PDT). Consumers can also contact the company at helatapatia@sbcqlobal.net. 3oz Milk Bar ------------ Product UPC Codes ------- --------- Strawberry N Cream 6 34242 20001 2 Coconut 6 34242 20002 9 Chocolate 6 34242 20003 6 Banana 6 34242 20004 3 Vanilla 6 34242 20005 0 Cookies N Cream 6 34242 20010 4 Esquimal 6 34242 20012 8 Coffee 6 34242 20013 5 Pina Colada 6 34242 20014 2 Pecan 6 34242 20007 4 Rice 6 34242 20008 1 4oz Milk Bar ------------ Product UPC Codes ------- --------- Cookies N Cream 6 34242 60007 2 Granola 6 34242 60012 6 Pictures of the Recalled Products available at: http://is.gd/iVZNfg HERR FOODS: Recalls Sour Cream and Onion Potato Chips ----------------------------------------------------- Herr Foods Inc. has initiated a voluntary recall of certain bags of its 1.875 oz. Sour Cream and Onion Potato Chip due to a packaging error that incorrectly states that the product is gluten free. While the back panel of the package complies with U.S. Food & Drug Administration (FDA) label regulations by listing "Wheat" in the ingredient statement as well as "Contains Wheat" in its related allergen statement, the front panel of the package erroneously features the words "Gluten Free." Gluten is the protein that naturally occurs in wheat, rye, barley, and crossbreeds of these grains. Most people can eat gluten, but in people with celiac disease, gluten intake gradually damages the intestines, prevents the absorption of vitamins and minerals, and can lead to other health problems. Symptoms can include diarrhea, fatigue, headaches, abdominal pain, brain fog, rashes, nausea, vomiting, and other reactions. Herr's has not received any reported illnesses to date. Herr's Sour Cream & Onion Potato Chips, 1.875 oz. bags only, were distributed nationwide through retail stores, distributors, and internet sales. These products were sold as individual bags. No other bag sizes of Herr's Sour Cream 'N Onion Chips are involved with this recall. No other Herr's products are involved with this recall. Product Name/ Code Date UPC No. Herr's Description --------- ------- Product ----------- Code ------- 1.875 oz. Herr's January 02, 2016, 72600 00061 122 Sour Cream & up to and Onion Potato including January Chips 30, 2016 The packages are a green metallic color bag with a red Herr's logo at the top center of the package. The lot number is located at the upper right hand corner on the front of the package below the statement "Guaranteed Fresh Until". The UPC number is located at the lower right hand corner of the back panel of the package. Herr Foods announced the recall to prevent consumers who are allergic or sensitive to gluten from consuming this product. Consumers with wheat allergies, celiac disease or gluten intolerance should not consume them and should return them to the retailer where they were purchased for a full refund. Herr Foods and other retailers are removing recalled product from the retailers' shelves. As a result, consumers can be assured that all other Herr's products that remain on-shelf are safe and not subject to this recall. Consumers with questions may call 1-800- 523-5030. Live assistance is available 9am- 5pm EST, Monday thru Friday. Pictures of the Recalled Products available at: http://is.gd/OCfrBP HERTZ LOCAL: "Fernado" Suit Removed to C. Dist. California ---------------------------------------------------------- The class action lawsuit entitled Trevine Fernando, individually and on behalf of all others similarly situated v. Hertz Local Edition Corporation and Does 1-50, inclusive, Case No. BC592709, was removed from Los Angeles Court to the U.S. District Court for the Central District of California (Western Division - Los Angeles). The District Court Clerk assigned Case No. 2:15-cv- 08510-CAS-RAO to the proceeding. The Plaintiff asserts labor-related claims. Hertz Local Edition Corporation is in the business of providing local and insurance replacement rentals. The Plaintiff is represented by: James R. Hawkins, Esq. Gregory E. Mauro, Esq. JAMES HAWKINS APLC 9880 Research Drive Suite 200 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 E-mail: james@jameshawkinsaplc.com greg@jameshawkinsaplc.com HIGH TECH: Has Made Unsolicited Calls, "Alan" Action Claims ----------------------------------------------------------- Jason Alan, individually and on behalf of all others similarly situated v. High Tech Funding, LLC, Case No. 2:15-cv-08528 (C.D. Cal., October 30, 2015) seeks to stop the Defendant's practice of placing unsolicited calls to consumers cellular telephone. High Tech Funding, LLC operates a lending firm in California. The Plaintiff is represented by: Todd M. Friedman, Esq. Suren N. Weerasuriya, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 S. Beverly Dr., #725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@attorneysforconsumers.com sweerasuriya@attorneysforconsumers.com abacon@attorneysforconsumers.com HORMEL FOODS: Recalls Skippy(R) Reduced Fat Peanut Butter Spread ---------------------------------------------------------------- Hormel Foods Sales LLC is voluntarily recalling 153 cases, or 1,871 total pounds, of a single code date of SKIPPY(R) Reduced Fat Creamy Peanut Butter Spread, due to the possibility that some jars may contain small pieces of metal shavings which were discovered on an in-line magnet check during routine cleaning. Foodborne objects that are greater than 7mm in length may cause injury such as severe choking with airway obstruction, gastrointestinal peroration or secondary infection. The recalled product is limited to 16.3 ounce jars with a "Best If Used By" date of DEC1416LR1 with a package UPC code of 37600-10500. The code date is located on top of the lid. A photo of the product and "Best If Used By" date appears below. Recalled product was sent to distribution centers for Publix, Target and Walmart located in Georgia, Virginia, Alabama, North Carolina, South Carolina, Delaware and Arkansas. The company is issuing the recall to ensure that consumers are made aware of the potential hazard. No reports have been received to date of any consumer injuries or complaints. No other sizes, varieties or other packaging configurations of SKIPPY(R) brand peanut butter or peanut spreads are included in this recall. If a consumer has this product, they should return it to the store where purchased for an exchange or call Hormel Foods Customer Relations at 1-866-475-4779, Monday-Friday, 8 a.m. - 4 p.m. Central Time, excluding holidays. This recall is being initiated out of an abundance of caution and with the knowledge of the US Food and Drug Administration. The Plaintiff is represented by: http://is.gd/iQ9AnB INAFFIT LLC: Recalls Natureal Light Green and Dark Green Capsules ----------------------------------------------------------------- Inaffit, LLC is voluntarily recalling all lots of Natureal light green and dark green capsules to the consumer level after FDA laboratory testing found Natureal to contain sibutramine. Sibutramine is an appetite suppressant that was withdrawn from the U.S. market in October 2010. Sibutramine is known to substantially increase blood pressure and/or pulse rate in some patients and may present a significant risk for patients with a history of coronary artery disease, congestive heart failure, arrhythmias or stroke. This undeclared ingredient makes this product an unapproved new drug for which safety and efficacy have not been established. This product may also interact in life-threatening ways with other medications a consumer may be taking. The product is used as a weight loss dietary supplement and is packaged in clear bottle with light green and dark green capsules. The affected Natureal product includes lots Manufactured 3/12/2015 Expiration Date 3/11/2017 which have been distributed from the Natureal office, 14707 South Dixie Highway, Suite 213, Palmetto Bay, FL 33176 and nationwide to consumers via internet www.naturealfls.com. Inaffit, LLC is notifying its customers by Email and is arranging for return. Consumers who are currently in possession of recalled Natureal light green and dark green capsules should stop using the product and discard. Inaffit, LLC switched to a U.S. Food and Drug Administration Registered Facility to manufacture their dietary supplements and changed the Natureal packaging to a clear bottle with clear capsules. Consumers with questions regarding this recall can contact Inaffit, LLC by email at returns@naturealfls.com. Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using this drug product. Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail or by fax. Complete and submit the report Online: www.fda.gov/medwatch/report.htmdisclaimer icon Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htmdisclaimer icon or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178. This voluntary recall is being conducted with the knowledge of the U.S. Food and Drug Administration. Pictures of the Recalled Products available at: http://is.gd/71O4rA INNOVATIVE STYLING: Falsely Marketed Hair Products, Suit Claims --------------------------------------------------------------- Gina Kilpela, an individual, on behalf of themselves and all others similarly situated v. Innovative Styling Options, Inc., and Zotos International, Inc., Case No. 3:15-cv-02464-H-JMA (S.D. Cal., October 30, 2015) arises out of the Defendants' alleged false and misleading claims that the ISO Maintamer Straightening System hair product is safe and "Damage-Free" when used in uncolored, coarse, thick and frizzy hair. Innovative Styling Options, Inc. is a professional hair product brand owned by Zotos that markets and sells the ISO Maintamer Straightening System. Zotos International, Inc. is a leading professional beauty company that manufactures its beauty products in New York. The Plaintiff is represented by: Todd D. Carpenter, Esq. CARPENTER LAW GROUP 402 West Broadway 29th Floor San Diego, CA 92101 Telephone: (619)347-3517 E-mail: Todd@Carpenterlawyers.com KEANE GROUP: Fails to Pay Workers Overtime, "Moncrease" Suit Says ----------------------------------------------------------------- Jeremy Moncrease, individually and on behalf of others similarly situated v. Keane Group, LLC, et al., Case No. 5:15-cv-00951 (W.D. Tex., October 30, 2015) is brought against the Defendants for failure to pay overtime compensation for hours worked in excess of 40 hours per week. Keane Group, LLC owns and operates an energy services company located at 1999 Bryan Street, Suite 900, Dallas, Texas 75201. The Plaintiff is represented by: Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 South Shackleford Road, Suite 411 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 E-mail: josh@sanfordlawfirm.com KENSINGTON PROFESSIONAL: Sued in C.D. Cal. Over Unsolicited Calls ----------------------------------------------------------------- Jonathan Weisberg, individually and on behalf of all similarly situated v. Kensington Professional and Associates LLC, Case No. 2:15-cv-08532 (C.D. Cal., October 30, 2015) seeks to stop the Defendant's practice of placing unsolicited calls to consumers cellular telephone. Kensington Professional and Associates LLC is a business engaged in interstate commerce in California. The Plaintiff is represented by: Todd M. Friedman, Esq. Suren N. Weerasuriya, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 S. Beverly Dr., #725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@attorneysforconsumers.com sweerasuriya@attorneysforconsumers.com abacon@attorneysforconsumers.com KOZY SHACK: Recalls Salted Caramel Pudding Due to Egg ----------------------------------------------------- Kozy Shack Enterprises LLC is recalling one lot of Kozy Shack(R) Indulgent Recipe(TM) Pudding in a Salted Caramel cardboard sleeve because it may contain Vanilla Bean Pudding cups, which contain egg. The Salted Caramel cardboard sleeve does not include egg in the ingredient statement. People who have an allergy or severe sensitivity to eggs run the risk of serious or life-threatening allergic reaction if they consume these products. The recalled product was distributed through retail stores in the following states: Arizona, California, Connecticut, Idaho, Massachusetts, Maryland, Maine, Nevada, North Carolina, New Jersey, New York, Ohio, Oregon, Pennsylvania, South Carolina, Utah, Virginia and Washington. The product was sold at the following stores: Albertsons; Bashas/Western Produce; Bozzutos, Inc.; C&S Tops WNY WHS Lancaster; C&S Wholesale Grocers, Inc.; C&S AWI; C&S AWI Robesonia;, C&S S&S Freetown; Delhaize America Distribution; Delhaize America Schodack-Dairy; General Dairy Deli, Inc.; Greensboro Perishable Facility; Harris Teeter, Inc.; Ingles Markets, Inc.; Kroger FRYS; Kroger Smith, Ralph's Grocery Co., Demoulas Markets, Meijer, Inc., Merchants Distributors, Inc., Raleys Distribution Center; SaveMart Supermarkets; Safeway NASC, Save Mart Supermarkets, Sherwood Food Distributors, Slater Bros, Spartan Nash; Supervalu, Inc., Target; Wakefern Food Corp, Wal- Mart; Wegman's Food Markets, Inc., Weis Markets, and Winco Holdings, Inc. The product is sold as four individual cups with a cardboard sleeve wrapped around the four cups. The sleeve will be labeled as Kozy Shack(R) Indulgent Recipe(TM) Salted Caramel Pudding. The four cups in the package could contain Kozy Shack(R) Indulgent Recipe(TM) Vanilla Bean Pudding. Affected product contains a Salted Caramel cardboard sleeve wrap with a Use By Date of 11/30/2015. Consumers can also look for the UPC code on the cardboard sleeve. If consumers have removed the pudding cups from the cardboard sleeve, they can look for the lot number on the individual pudding cups. Cardboard sleeve description: UPC code: 73491.09240 Use by date: 11/30/2015 Individual pudding cup description: Lot number: 31908940 No illnesses have been reported with the product. Consumers who have purchased this product can return it to the place of purchase for a full refund. Kozy Shack will work with stores to retrieve the product. Consumers with questions can contact Kozy Shack Customer Service at 877-585-2365 on Mondays between 9 a.m. and 3:30 p.m. CST and on Tuesdays through Fridays from 8 a.m. to 3:30 p.m. CST. Pictures of the Recalled Products available at: http://is.gd/elcVdB LAKEVIEW PEARL: Doesn't Properly Pay Workers, "Nguyen" Suit Says ---------------------------------------------------------------- Phuong Nguyen, on behalf of himself and all others similarly situated v. Lakeview Pearl, LLC, China Ruby, Inc. and Cheng Chiu, Case No. 2:15-cv-05645 (E.D. Lo., October 30, 2015) is brought against the Defendants for failure to pay minimum wage and overtime pay as required by the Fair Labor Standards Act. The Defendants own and operate an Asian fusion bistro located in New Orleans, Louisiana. The Plaintiff is represented by: Jessica M. Vasquez, Esq. Laura Catlett, Esq. VASQUEZ LAW OFFICE 650 Poydras Street, Ste. 1414 New Orleans, LA 70130 Telephone: (504) 571-9582 Facsimile: (504) 684-1449 E-mail: jvasquez@vasquezlawoffice.com LauraLCatlettLaw@gmail.com MONSANTO COMPANY: Faces "Giglio" Suit Over Roundup(R) Herbicide --------------------------------------------------------------- Emanuel Richard Giglio v. Monsanto Company and John Does 1-50, Case No. 3:15-cv-02279-BTM-NLS (S.D. Cal., October 9, 2015) is an action for damages as a direct and proximate result of the Defendants' negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, labeling, and sale of the herbicide Roundup(R), containing the active ingredient glyphosate. Monsanto Company is a multinational agricultural biotechnology corporation based in St. Louis, Missouri. It is the world's leading producer of glyphosate. The Plaintiff is represented by: Aimee H. Wagstaff, Esq. Kathryn M. Forgie, Esq. ANDRUS WAGSTAFF, PC 7171 West Alaska Drive Lakewood, CO 80226 Telephone: (720) 255-7623 Facsimile: (303) 376-6361 E-mail: aimee.wagstaff@andruswagstaff.com kathryn.forgie@andruswagstaff.com - and - Vance R. Andrus, Esq. David J. Wool, Esq. ANDRUS WAGSTAFF, PC 7171 West Alaska Drive Lakewood, Colorado 80226 Telephone: (720) 255-7623 Facsimile: (303) 376-6361 E-mail: vance.andrus@andruswagstaff.com david.wool@andruswagstaff.com MULTI-SHOT: "Freeman" Suit Seeks to Recover Unpaid Overtime ----------------------------------------------------------- Shawn Freeman, individually and on behalf of all others similarly situated v. Multi-Shot, LLC, Case No. 2:15-cv-01425-MRH (W.D. Penn., October 30, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. Multi-Shot, LLC is a nationwide oilfield services with significant completion and land drilling operations throughout the United States. The Plaintiff is represented by: Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Telephone: (412) 766-1455 Facsimile: (412) 766-0300 E-mail: josh@goodrichandgeist.com - and - Michael A. Josephson, Esq. Andrew Dunlap, Esq. Lindsay R. Itkin, Esq. Jessica M. Bresler, Esq. FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON 1150 Bissonnet St. Houston, TX 77005 Telephone: (713) 751-0025 Facsimile: (713) 751-0030 E-mail: mjosephson@fibichlaw.com adunlap@fibichlaw.com litkin@fibichlaw.com jbresler@fibichlaw.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com NATIONAL VIDEO: Recalls Rhino 7 3000 Platinum Capsules ------------------------------------------------------ National Video Supply located in Santa Clarita, California is voluntarily recalling the following product to the consumer level: RHINO 7 3000 Platinum Capsules packaged in single 1 count blister hang tab cards with UPC # 700729253748 ALL LOT NUMBERS WITHIN EXPIRY. Lot numbers are located on the back top right of the (1) count and on the side of the 6 count bottles. FDA analysis found these products to contain undeclared desmethyl carbondenafil and dapoxetine. Desmethyl carbondenafil is a phosphodiesterase PDE-5 inhibitor which is a class of drugs used to treat male erectile dysfunction, making these products unapproved new drugs. Dapoxetine is an active ingredient not approved by the U.S. Food and Drug Administration (FDA). Desmethyl carbondenafil may pose a threat to consumers because this PDE-5 inhibitor may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels that can be life threatening. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Dapoxetine has not been approved by the FDA and therefore its safety or efficacy has not been established. Chemically, dapoxetine belongs to a class of drugs known as selective serotonin reuptake inhibitors (SSRIs) used to treat depression. Studies have shown that antidepressants increase the risk of suicidal thinking and behavior in children, adolescents, and young adults when compared to placebo. Therefore, consuming these products presents a health risk which could be life threatening. National Video Supply has not received a report of any adverse events associated with these products. These products are marketed as dietary supplements for sexual enhancement and packaged in single 1 count blisters and 6 count bottles and distributed to retail stores nationwide. National Video has discontinued sales of these products. National Video Supply has notified its customers of this voluntary recall via e-mail and phone. Consumers that purchased these products from National Video Supply should stop using them immediately and can return the products to: 21100 Centre Pointe Park Way, Santa Clarita, Ca. 91350 Consumers with questions regarding this recall can contact National Video Supply by Telephone at 800-586-1915 Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using these products. Consumers can report adverse reactions or quality control problems to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, or by fax as follows: Complete and submit reporting form online at http://www.fda.gov/MedWatch/report.htm;or Mail or fax reporting form. Download form at http://www.fda.gov/MedWatch/getforms.htmor call 1-800-332-1088 to request a reporting form. Complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-1078. This recall is being conducted with the knowledge of the U.S. Food and Drug Administration. NET 1 UEPS: S.D.N.Y. Court Dismissed Securities Class Action ------------------------------------------------------------ Net 1 UEPS Technologies, Inc. (NasdaqGS: UEPS; JSE: NT1) ("Net1") announced on Sept. 17 that the United States District Court for the Southern District of New York has dismissed the purported securities class action litigation originally filed on December 24, 2013, against Net1, its Chief Executive Officer and its Chief Financial Officer. "We are pleased with the Court's decision and believe that its opinion confirms our assertion that this case was without any merit," said Dr. Serge C.P. Belamant, Net1's Chairman and Chief Executive Officer. The Court's order allows the plaintiff to file a further amended complaint on or before October 16, 2015, failing which the action may be dismissed with prejudice. Net1 provides alternative payment systems that leverage its Universal Electronic Payment System ("UEPS") or utilize its proprietary mobile technologies. The Company operates market- leading payment processors in South Africa and the Republic of Korea. UEPS permits the Company to facilitate biometrically secure, real- time electronic transaction processing to unbanked and under- banked populations of developing economies around the world in an online or offline environment. Net1's UEPS/EMV solution is interoperable with global EMV standards that seamlessly enable access to all the UEPS functionality in a traditional EMV environment. In addition to payments, UEPS can be used for banking, healthcare management, payroll, remittances, voting and identification. Net1's mobile technologies include its proprietary mobile payments solution - MVC, which offers secure mobile-based payments, as well as mobile banking and prepaid value-added services in developed and emerging countries. The Company intends to deploy its varied mobile solutions through its ZAZOO business unit, which is an aggregation of innovative technology companies and is based in the United Kingdom. Net1 has a primary listing on the NASDAQ and a secondary listing on the Johannesburg Stock Exchange. NEW YORK: Dept. of Education Sued Over Failure to Pay Overtime -------------------------------------------------------------- Cynthia McCray v. The City of New York Department of Education and Carmen Farina, Case No. 1:15-cv-08553 (S.D.N.Y., October 30, 2015) seeks to recover unpaid overtime wages, liquidated damages, statutory penalties, and attorneys' fees and costs pursuant to the Fair Labor Standard Act. The City of New York Department of Education is the largest system of public schools in the United States, which consists of over 1,700 schools that serve about 1.1 million students each year. The Plaintiff is represented by: Fausto E. Zapata Jr., Esq. THE LAW OFFICES OF FAUSTO E. ZAPATA JR. 277 Broadway, Suite 206 New York, NY 10007 Telephone: (212) 766-9870 Facsimile: (212) 766-9869 E-mail: fz@fzapatalaw.com OLD OREGON: Recalls Canned Albacore Tuna Due to C. Botulinum ------------------------------------------------------------ Old Oregon Smokehouse of Rockaway, Oregon is voluntarily recalling ALL canned Albacore tuna with any codes starting with "OC" because it has the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. The recalled product was sold to consumers from our retail stores in Tillamook, Oregon or Rockaway, Oregon. The last date of distribution of recalled product was September 2015. Affected production codes include any codes starting with "OC". The code can be found on either the bottom or on top of the can. Recalled products are packaged in metal cans with net weight 6 oz. Product Name Net Weight UPC ------------ ---------- --- Albacore Tuna 6 oz. none There have been no reported cases of illnesses associated with our product to date. This voluntary recall was initiated after we were notified that our product was possibly under-processed by our contract manufacturer. The problem was discovered during an inspection at Skipanon Brand Seafoods LLC by the US Food and Drug Administration (FDA). Consumers who have purchased recalled canned Albacore tuna are urged to destroy or return it to the firm for a full refund. If you have any questions, please call Old Oregon Smokehouse at 503-355-2817 between the hours of 9 am and 3 pm PST, Monday- Friday. Pictures of the Recalled Products available at: http://is.gd/vfFrmx OLEBOB'S SEAFOODS: Recalls Canned Tuna and Salmon Products ---------------------------------------------------------- OleBob's Seafoods of Ilwaco WA is voluntarily recalling ALL canned tuna and canned salmon products with a code starting with "OC" because it has the potential to be contaminated with Clostridium botulinum, a bacterium that can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. ** There have been no reported cases of illness to date. ** All products were sold under the OleBob's Seafoods label to consumers from our retail store in Ilwaco, WA, and sold to internet consumers from the website www.olebobs.comdisclaimer icon. The dates of distribution of recalled products were May 2014-September 2015. Affected cans have the letters "OC" stamped on either the bottom or the top of the can. OleBob's canned salmon and tuna products were made by Skipanon Brand Seafoods and this voluntary recall was initiated after we were notified that our products were possibly under-processed. The problem was discovered during an inspection at Skipanon Brand Seafoods LLC by the US Food and Drug Administration (FDA). Consumers are advised to discard or return recalled product to OleBob's Seafoods for a refund. OleBob's Seafoods 360-642-4332, 10am-5pm Thursday-Monday seafood@olebobs.com Pictures of the Recalled Products available at: http://is.gd/uyrKFO PARAMOUNT GOLD: 6 Actions Challenging Merger Deal Remain Open ------------------------------------------------------------- Paramount Gold Nevada Corp. said in its Form 10-K Report filed with the Securities and Exchange Commission on September 17, 2015, for the fiscal year ended June 30, 2015, that the Company will continue to defend six putative stockholder class action suits brought by purported stockholders of PGSC, challenging a proposed merger deal. Since the announcement of the merger of Paramount Gold and Silver Corp. ("PGSC") and Coeur Mining, Inc. ("Coeur"), on December 17, 2014, the Company, PGSC, members of PGSC's board, Coeur, and Hollywood Merger Sub, Inc. ("Merger Sub") have been named as defendants in six putative stockholder class action suits brought by purported stockholders of PGSC, challenging the proposed Merger (the "Complaints"). The Complaints were filed in the Court of Chancery in the State of Delaware (Fernando Gamboa v. Paramount Gold and Silver Corp., et al., No.: 10499; Jerry Panning v. Paramount Gold and Silver Corp., et al., No.: 10507; Jonah Weiss v. Christopher Crupi, et al., No.: 10517; Justin Beaston v. Paramount Gold and Silver Corporation, et al., No.: 10538; Rob Byers v. Christopher Crupi, et al., No.: 10551; James H. Alston v. Paramount Gold and Silver Corp., et al., No.: 10531. The plaintiffs generally claim that the PGSC board members breached their fiduciary duties to PGSC stockholders by: (i) authorizing the merger with Coeur for what the plaintiffs asserts is inadequate consideration and pursuant to an allegedly inadequate process, and (ii) failing to disclose sufficient information in its Form S-4 filed with the Securities and Exchange Commission to allow the shareholders to make an informed vote. The plaintiffs also claim that the Company, PGSC, Coeur, and Merger Sub aided and abetted the other defendants' alleged breach of duties. In the Complaints, the plaintiffs seek, among other things, to enjoin the merger, rescind the transaction or obtain rescissory damages if the merger is consummated, obtain other unspecified damages and recover attorneys' fees and costs. The merger was consummated on April 17, 2015. "We, PGSC, members of PGSC board, Coeur, and Merger Sub deny any wrongdoing and are vigorously defending all of the actions," the Company said. PERU FOOD: Recalls Corn-Maiz Mote Products Due to Sulfites ---------------------------------------------------------- Peru Food Imports Inc. of Fairview, NJ is recalling Peru Food Mote Corn-Maiz Mote, Lot #38-16 because it may contain undeclared sulfites. People who have an allergy or severe sensitivity to sulfites run the risk of serious or life-threatening allergic reaction if they consume these products. The consumption of 10 milligrams of sulfites per serving has been reported to elicit severe reactions in some asthmatics. Anaphylactic shock could occur in certain sulfite sensitive individuals upon ingesting 10 milligrams or more of sulfites. No illnesses have been reported to date in connection with this problem. The recalled Peru Food Mote Corn-Maiz Mote was distributed in 15 oz plastic bags, Item # 51962, Expiration Date: 04/30/2016, UPC # 8 12125 00962 8. The product was distributed to NY and CT through supermarkets. The recall was initiated after routine sampling by New York State Department of Agriculture and Markets Food Inspectors and subsequent analysis by the Department's food laboratory personnel revealed the presence of undeclared sulfites on the label. Consumers who have purchased Peru Food Mote Corn-Maiz Mote should return it to the place of purchase. Consumers with questions may contact the company at 201-941-3400. Monday through Friday, 9 am to 5 pm EST. PREMIERE SALES: Recalls Rhino 7 3000 Capsules Due to Desmethyl -------------------------------------------------------------- Premiere Sales Group of Santa Clarita, California is voluntarily recalling the following product to the consumer level: RHINO 7 3000 capsules packaged in a bottle containing six (6) capsules UPC: 616453150126 ALL LOT NUMBERS WITHIN EXPIRY and Rhino 7 Platinum 3000 Capsules packaged in a single (1) blister packs hang card count UPC: 700729253748 ALL LOT NUMBERS WITHIN EXPIRY. Lot numbers are on the back top right of the (1) count and on the side of the (6) count bottle. FDA analysis found these products to contain undeclared desmethyl carbondenafil and dapoxetine. Desmethyl carbondenafil is a phosphodiesterase PDE-5 inhibitor which is a class of drugs used to treat male erectile dysfunction, making these products unapproved new drugs. Dapoxetine is an active ingredient not approved by the U.S. Food and Drug Administration (FDA). Desmethyl carbondenafil may pose a threat to consumers because this PDE-5 inhibitor may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels that can be life threatening. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Dapoxetine has not been approved by the FDA and therefore its safety or efficacy has not been established. Chemically, dapoxetine belongs to a class of drugs known as selective serotonin reuptake inhibitors (SSRIs) used to treat depression. Studies have shown that antidepressants increased the risk of suicidal thinking and behavior in children, adolescents, and young adults when compared to placebo. Therefore, consuming these products presents a health risk which could be life threatening. Premiere Sales has not received a report of any adverse events associated with these products. These products are marketed as dietary supplements for sexual enhancement and packaged in (6) count bottle and (1) count hanging card and distributed to consumers nationwide. Premiere Sales Group has discontinued sales of these products. Premiere Sales Group has notified its customers of this voluntary recall via e-mail and phone. Consumers that purchased these products from Premiere Sales Group should stop using them immediately and can return the products to : Premiere Sales Group, 21446 Golden Triangle Rd., Santa Clarita, CA 91350 Consumers with questions regarding this recall can contact Premiere Sales Group by telephone at 888-550-8621 between (Monday through Friday 7:30am to 4:00pm Pacific Standard Time Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using these products. Consumers can report adverse reactions or quality control problems to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, or by fax as follows: Complete and submit reporting form online at http://www.fda.gov/MedWatch/report.htm;or Mail or fax reporting form. Download form at http://www.fda.gov/MedWatch/getforms.htmor call 1-800-332-1088 to request a reporting form. Complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-1078. This recall is being conducted with the knowledge of the U.S. Food and Drug Administration. Pictures of the Recalled Products available at: http://is.gd/CHwMeO QUEST MEDICAL: Recalls MPS Delivery Sets ---------------------------------------- Quest Medical, Inc. initiated a nationwide recall of Myocardial Protection System (MPS) Delivery Sets, Models 5001102, 5001102-AS, and 7001102 of specified lots. The product(s) have been found to intermittently exhibit a seal failure during use, which potentially could result in patient blood loss. There are no other recalls related to this product. Consumers who have the applicable lots of the MPS Delivery Set(s) should cease use of the affected lots and contact Quest Medical, Inc. to return the product and request replacement. Additionally, consignees are being notified via written correspondence. Recalled Product(s) were manufactured from May 2015 to September 2015 and distributed from June 2015 to September 2015. The following models/UDI/ID numbers are subject to the recall: --- MPS(R) Delivery Sets - Recall Device Name MPS Delivery Set MPS Delivery Set MPS Low ----------- w/arrest agent with 6 ft. Volume and additive delivery Delivery cassettes, heat tubing Set exchanger & 10 ft. delivery tubing Device Model 5001102 5001102-AS 7001102 ------------ UDI 00634624501126 00634624521124 0063462- --- 4701120 Affected 0491795E04, 0492205E03 0492765E07 Lots 0492175E04, 0493695U04 -------- 0492185E06, 0494485U07 0492195E06, 0495525G02 0492615E06, 0497265S02 0492625E08, 0492635E08, 0489905Y04, 0490245Y06, 0493075U02, 0493085U02, 0493435U04, 0493675U04, 0493685U07, 0494465U07, 0494475U09, 0494855G01, 0495215U11, 0495225U11, 0495505G02, 0495515G02, 0496535G08, 0496875G08, 0496885G08, 0497245S02 The affected product lot information can be identified by product labeling on shipper and individual sterile trays. Quest Medical, Inc. voluntarily recalled the applicable lots of MPS Delivery Sets after becoming aware of complaints alleging patient blood loss from the device during use. Quest Medical, Inc. has notified the FDA of this action. The identified lots of MPS Delivery sets have shown a possible seal failure along the blood source channel of main pump cassette, resulting in blood loss from the bypass circuit and interruption of cardioplegia solution delivery. The firm has received twenty (20) complaints alleging this seal failure which have resulted in 16 instances of patient blood loss during surgery. There have been no reports of patient injuries as a result of the alleged issue to date. The firm has reported these events via the FDA MEDWATCH program. Quest Medical, Inc. is notifying its distributors and customers by certified letter/return receipt and is arranging for return and replacement of all recalled product(s). Consumers with questions may contact the company via telephone at 1-800-627-0226 Monday through Friday between the hours of 9am and 5pm (CT). Consumer may also contact the company via e-mail at custserv@questmedical.com. Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail or by fax. Complete and submit the report Online: www.fda.gov/medwatch/report.htm Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178 REDMAN POWER: Sued in Cal. Over Redman Power Chair Design Defects ----------------------------------------------------------------- Falko Forbrich v. Redman Power Chair, LLC, et al., Case No. BC597194 (Cal. Super. Ct., October 9, 2015) is an action for damages as a direct and proximate result of the Defendants' negligent and wrongful conduct in connection with the design, manufacturing, marketing and distribution of Redman Power Chair, that lacked protection of the joystick and controls to prevent complex fractures of both legs. Redman Power Chair, LLC is in the business of manufacturing, engineering and distributing standing wheelchairs, including Redman Power Chair 107-ZRX, Black Hawk Series. The Plaintiff is represented by: Eustace De Saint Phalle, Esq. Michael E. Gatto, Esq. RAINS LUCIA STERN, PC 220 Montgomery Street, 15th Floor San Francisco, CA 94104 Telephone: (415) 341-9341 Facsimile: (925) 609-1690 E-mail: PersonalInjuiyGroup@RLSlawyers.com - and - David C. Anderson, Esq. Audrey C. Seegel, Esq. ANDERSON LAW 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 Telephone: (415) 395-9898 Facsimile: (415) 395-9839 E-mail: mark@andlaw.eu audrey@andlaw.eu SANOFI US: Recalls Auvi-Q(R) Epinephrine Injections --------------------------------------------------- Sanofi US is voluntarily recalling all Auvi-Q(R) (epinephrine injection, USP). The recall involves all Auvi-Q currently on the market and includes both the 0.15 mg and 0.3 mg strengths for hospitals, retailers and consumers. This includes lot numbers 2081278 through 3037230, which expire October 2015 through December 2016.The products have been found to potentially have inaccurate dosage delivery, which may include failure to deliver drug. If a patient experiencing a serious allergic reaction (i.e., anaphylaxis) did not receive the intended dose, there could be significant health consequences, including death because anaphylaxis is a potentially life-threatening condition. As of October 26, 2015, Sanofi has received 26 reports of suspected device malfunctions in the US and Canada. None of these device malfunction reports have been confirmed. In these reports, patients have described symptoms of the underlying hypersensitivity reaction. No fatal outcomes have been reported among these cases. Auvi-Q (epinephrine injection, USP) is used to treat life- threatening allergic reactions (anaphylaxis) in people who are at risk for or have a history of these reactions. Auvi-Q is packaged with two active devices and one trainer device in a corrugate box. Auvi-Q was distributed throughout the United States via wholesalers, pharmacies and hospitals. All Auvi-Q is being recalled. Sanofi US is notifying its distributors and customers who include doctors, pharmacies, wholesalers and other customers in the supply chain by letter, fax, email and phone calls and is arranging for return and reimbursement of all recalled products. Customers with questions regarding this recall can go to www.Auvi- Q.com and call 1-877-319-8963 or 1-866-726-6340 Monday through Friday 8 a.m. to 8 p.m. ET for information about how to return their Auvi-Q devices. Customers may also email cs@sanofi.com. Sanofi US will provide reimbursement for out of pocket costs incurred for the purchase of new epinephrine auto-injectors with proof of purchase. In addition, if you purchased Auvi-Q at a cost that exceeds the cost of your replacement device, Sanofi will compensate you for the difference, with proof of original and replacement product purchases. Customers should immediately contact their healthcare provider (HCP) for a prescription for an alternate epinephrine auto- injector. In the event of a life-threatening allergic reaction (anaphylaxis), patients should only use their Auvi-Q device if another epinephrine auto-injector is not available, and then call 911 or local medical emergency services. Customers should contact their physician or HCP if they have experienced any problems that may be related to taking or using this drug product. Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail or by fax. Complete and submit the report Online: www.fda.gov/medwatch/report.htm Regular Mail or Fax: Download form www.fda.gov/MedWatch/getforms.htm or call 1-800-3321088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178 This recall is being conducted with the knowledge of the U.S. Food and Drug Administration. Sanofi US is committed to patient safety and the quality of Auvi- Q, and will continue to work closely with customers and regulatory authorities to resolve this issue in a timely manner. Important Safety Information Auvi-Q is for immediate self (or caregiver) administration and does not take the place of emergency medical care. Seek immediate medical treatment after use. Each Auvi-Q contains a single dose of epinephrine. Auvi-Q should only be injected into your outer thigh. DO NOT INJECT INTO BUTTOCK OR INTRAVENOUSLY. If you accidentally inject Auvi-Q into any other part of your body, seek immediate medical treatment. Epinephrine should be used with caution if you have heart disease or are taking certain medicines that can cause heart-related (cardiac) symptoms. If you take certain medicines, you may develop serious life- threatening side effects from epinephrine. Be sure to tell your doctor about all the medicines you take, especially medicines for asthma. Side effects may be increased in patients with certain medical conditions, or who take certain medicines. These include asthma, allergies, depression, thyroid disease, Parkinson's disease, diabetes, high blood pressure, and heart disease. The most common side effects may include increase in heart rate, stronger or irregular heartbeat, sweating, nausea and vomiting, difficulty breathing, paleness, dizziness, weakness or shakiness, headache, apprehension, nervousness, or anxiety. These side effects go away quickly, especially if you rest. You are encouraged to report negative side effects of prescription drugs. In the US, contact the FDA by visiting www.fda.gov/medwatch or call 1-800-FDA-1088. Sanofi, an integrated global healthcare leader, discovers, develops and distributes therapeutic solutions focused on patients' needs. Sanofi has core strengths in the field of healthcare with seven growth platforms: diabetes solutions, human vaccines, innovative drugs, consumer healthcare, emerging markets, animal health and the new Genzyme. Sanofi is listed in Paris (EURONEXT: SAN) and in New York (NYSE: SNY). Sanofi is the holding company of a consolidated group of subsidiaries and operates in the United States as Sanofi US. For more information on Sanofi US, please visit http://www.sanofi.us and http://www.news.sanofi.us/social-mediaor call 1-800-981-2491. This press release contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995, as amended. Forward-looking statements are statements that are not historical facts. These statements include projections and estimates and their underlying assumptions, statements regarding plans, objectives, intentions and expectations with respect to future financial results, events, operations, services, product development and potential, and statements regarding future performance. Forward-looking statements are generally identified by the words "expects", "anticipates", "believes", "intends", "estimates", "plans" and similar expressions. Although Sanofi's management believes that the expectations reflected in such forward-looking statements are reasonable, investors are cautioned that forward-looking information and statements are subject to various risks and uncertainties, many of which are difficult to predict and generally beyond the control of Sanofi, that could cause actual results and developments to differ materially from those expressed in, or implied or projected by, the forward- looking information and statements. These risks and uncertainties include among other things, the uncertainties inherent in research and development, future clinical data and analysis, including post marketing, decisions by regulatory authorities, such as the FDA or the EMA, regarding whether and when to approve any drug, device or biological application that may be filed for any such product candidates as well as their decisions regarding labelling and other matters that could affect the availability or commercial potential of such product candidates, the absence of guarantee that the product candidates if approved will be commercially successful, the future approval and commercial success of therapeutic alternatives, the Group's ability to benefit from external growth opportunities, trends in exchange rates and prevailing interest rates, the impact of cost containment policies and subsequent changes thereto, the average number of shares outstanding as well as those discussed or identified in the public filings with the SEC and the AMF made by Sanofi, including those listed under "Risk Factors" and "Cautionary Statement Regarding Forward-Looking Statements" in Sanofi's annual report on Form 20-F for the year ended December 31, 2014. Other than as required by applicable law, Sanofi does not undertake any obligation to update or revise any forward-looking information or statements. Pictures of the Recalled Products available at: http://is.gd/k3Pdy1 SHARIFI INC: Faces "Patel" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Jigar Patel, Palak Patel, Kanu Patel, Veena Patel, Payal Patel and Shreepal Patel v. Ashish Shah, Anthony Sharifi, Sharifi, Inc. d/b/a Subway No. 2437, and Eat Fresh Inc. d/b/a as Subway No. 37436, Case No. 5:15-cv-01959-MHH (N.D. Ala., October 30, 2015) is brought against the Defendants for failure to pay overtime wages for work more than 40 hours in a given workweek. The Defendants own and operate Subway Restaurants in Alabama. The Plaintiff is represented by: Teri Ryder Mastando, Esq. Eric J. Artrip, Esq. MASTANDO & ARTRIP, LLC 301 Washington St., Suite 302 Huntsville, AL 35801 Telephone: (256) 532-2222 Facsimile: (256) 513-7489 E-mail: teri@mastandoartrip.com artrip@mastandoartrip.com SOCKEYE SUZY'S: Recalls Canned Fish Products Due to Clostridium --------------------------------------------------------------- Sockeye Suzy's Fish Co. of White Swan, Washington is voluntarily recalling ALL canned catfish, salmon, sturgeon, and walleye with any codes starting with "OC", sold under brand Sockeye Suzy Fish, because it has the potential to be contaminated with Clostridium botulinum, a bacterium that can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. All products were sold to consumers from our store and distributed to retail stores and wineries in Washington. The last date of distribution of recalled products was September 2015. The affected OC code can be found on either the bottom or on top of the can. Recalled products are packaged in metal cans with net weight of 6 oz. Product Name Brand Net Wt. UPC ------------ ----- ------- --- Fancy Chinook Sockeye Suzy Fish 6 oz. 7 48252 67292 6 Fancy Spring Sockeye Suzy Fish 6 oz. 7 48252 67412 8 Chinook Peppered & Sockeye Suzy Fish 6 oz. 7 48252 67282 7 Smoked Chinook Peppered & Sockeye Suzy Fish 6 oz. 7 48252 67302 2 Smoked Chinook Peppered & Sockeye Suzy Fish 6 oz. 7 48252 67212 4 Smoked Coho Peppered & Sockeye Suzy Fish 6 oz. 7 48252 67332 9 Smoked Steelhead Peppered & Sockeye Suzy Fish 6 oz. 7 48252 67232 2 Smoked Sockeye Smoked Catfish Sockeye Suzy Fish 6 oz. 7 48252 67252 0 Smoked Chinook Sockeye Suzy Fish 6 oz. 7 48252 67282 7 Smoked Chinook Sockeye Suzy Fish 6 oz. 7 48252 67212 4 Smoked Chinook Sockeye Suzy Fish 6 oz. 7 48252 67302 2 Smoked Coho Sockeye Suzy Fish 6 oz. 7 48252 67222 3 Smoked Garlic Sockeye Suzy Fish 6 oz. 7 48252 67322 0 Chinook Smoked Garlic Sockeye Suzy Fish 6 oz. 7 48252 67362 6 Steelhead Smoked Jalapeno Sockeye Suzy Fish 6 oz. 7 48252 67312 1 Chinook Smoked Jalapeno Sockeye Suzy Fish 6 oz. 7 48252 67392 3 Spring Chinook Smoked Jalapeno Sockeye Suzy Fish 6 oz. 7 48252 67272 8 Sturgeon Smoked Jalapeno Sockeye Suzy Fish 6 oz. 7 48252 67352 7 Steelhead Smoked Sockeye Sockeye Suzy Fish 6 oz. 7 48252 67242 1 Smoked Spring Sockeye Suzy Fish 6 oz. 7 48252 67402 9 Chinook Smoked Spring Sockeye Suzy Fish 6 oz. 7 48252 67382 4 Chinook Smoked Spring Sockeye Suzy Fish 6 oz. 7 48252 67372 5 Chinook Smoked Steelhead Sockeye Suzy Fish 6 oz. 7 48252 67342 8 Smoked Sturgeon Sockeye Suzy Fish 6 oz. 7 48252 67262 9 Smoked Walleye Sockeye Suzy Fish 6 oz. 7 94504 39610 2 There have been no reported cases of illnesses associated with our products to date. The recalled canned seafood products were made by Skipanon Brand Seafoods LLC and this voluntary recall was initiated after we were notified that that our products were possibly under- processed. The problem was discovered during an inspection at Skipanon Brand Seafoods LLC by the US Food and Drug Administration (FDA). Consumers who have purchased recalled canned seafood products are urged to destroy or return it to the firm for a full refund. If you have any questions, please call Sockeye Suzy's Fish Co. at 509-731-0688 between the hours of 9 am and 4 pm PST, Monday- Friday, or send email to suzylumley@yahoo.com. Pictures of the Recalled Products available at: http://is.gd/X4X1L1 SOUTHEASTERN GROCERS: Recalls Oatmeal Raisin Cookie Products ------------------------------------------------------------ Southeastern Grocers announced an immediate recall of 12-count, 18-count, and 20-count Bakery Oatmeal Raisin Cookies and Bakery Variety Pack Cookies, along with 36-count and 48-count Bakery Cookie Platters in all Harveys and select Winn-Dixie stores in Florida and Georgia. According to the supplier of the oatmeal raisin cookie dough, the reason for the recall is that the product is mislabeled. The product contains walnuts, an allergen, which is undeclared on the packaging label. Out of an abundance of caution, consumers who have an allergy or severe sensitivity to walnuts are urged not to consume the products and return them to the stores for a full refund. To receive the refund, customers may present proof of purchase through a receipt or the product-packaging label. The products have a sell-by date of Oct. 28, 2015 through Nov. 11, 2015 with UPC codes of 00207995000002, 00267987000007, 00209699000005, 00209700000000, 00267982000002, 00209701000009, 00269736000009 and 0020755000003. To our knowledge, Harveys and Winn-Dixie stores have received no reports of any issues associated with consumption of this product at this time. For the safety of customers, Harveys and Winn-Dixie are immediately removing the 12-count, 18-count, and 20-count Bakery Oatmeal Raisin Cookies and Bakery Variety Pack Cookies, along with the 36-count and 48-count Bakery Cookie Platters from the bakery departments of all Harveys stores throughout Florida, Georgia and South Carolina, along with Winn-Dixie stores throughout Florida and Georgia in the following counties: Florida: Alachua Baker Bradford Citrus Clay Columbia Duval Jefferson Levy Leon Madison Marion Nassau Putnam St. Johns Sumter Suwannee Taylor Wakulla Georgia: Camden Glynn Lowndes The recall does not affect Winn-Dixie stores in Alabama, Louisiana, Mississippi or any BI-LO stores. Customers with questions about the recalled products may contact the Southeastern Grocers Customer Call Center toll free at 866- 946-6349, Mon. - Fri., 8 a.m. - 6 p.m. EDT, and Sat., 8 a.m. - 4 p.m. EDT. Southeastern Grocers, LLC, parent company and home of BI-LO, Harveys and Winn-Dixie grocery stores, is the fifth-largest supermarket chain in the U.S. and the second-largest supermarket in the Southeast based on store count. The company employs more than 66,000 associates who serve customers in approximately 756 grocery stores, 145 liquor stores and 504 in-store pharmacies throughout the seven southeastern states of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina and South Carolina. BI-LO, Harveys and Winn-Dixie are well-known and well- respected regional brands with deep heritages, strong neighborhood ties, proud histories of giving back, talented and loyal associates, and strong commitments to providing the best possible quality and value to customers. For more information, please visit www.bi-lo.comdisclaimer icon, www.harveyssupermarkets.comdisclaimer icon and www.winndixie.comdisclaimer icon. SPECIAL LOGISTICS: "Wright" Suit Seeks to Recover Unpaid Wages -------------------------------------------------------------- Alex Wright, both individually and, in addition, on behalf of other similarly situated employees v. Special Logistics Portland, LLC, and Peoplease LLC, Case No. 3:15-cv-02058-BR (D. Oreg., October 30, 2015) seeks to recover unpaid wages and damages pursuant to the Fair Labor Standard Act. Special Logistics Portland, LLC operates a commercial freight delivery service company headquartered at 10001 N. Rivergate Blvd., Portland, OR 97203. Peoplease LLC operates an employee leasing firm focused on the transportation and logistics industry. The Plaintiff is represented by: Jon M. Egan, Esq. JON M. EGAN, PC 547 Fifth Street Lake Oswego, OR 97034-3009 Telephone: (503) 697-3427 Facsimile: (866) 311-5629 E-mail: Jegan@eganlegalteam.com STOP & SHOP: Recalls Edamame Products Due to Soy ------------------------------------------------ The Stop & Shop Supermarket Company LLC announced it removed from sale Nature's Promise Organic Edamame products because they contain soy, which is not listed on the ingredient label. These products are safe to consume for individuals who do not suffer from a soy allergy. The following products are included in this recall: Nature's Promise Organic Shelled Edamame, 16 oz., UPC 68826712764 Nature's Promise Organic Edamame in Pod, 16 oz., UPC 68826702124 Stop & Shop has received no reports of illnesses to date. People who have an allergy or severe sensitivity to soy may run the risk of serious or life-threatening allergic reaction if they consume these products. Symptoms of food allergies typically appear from within a few minutes to two hours after a person has eaten the food to which he or she is allergic. Allergic reactions can include: hives; flushed skin or rash; tingling or itchy sensation in the mouth; face, tongue, or lip swelling; vomiting and/or diarrhea; abdominal cramps; coughing or wheezing; dizziness and/or lightheadedness; swelling of the throat and vocal cords; difficulty breathing; loss of consciousness. Customers who have purchased these products should discard any unused portions and bring their purchase receipt to Stop & Shop for a full refund. Consumers looking for additional information on the recall may call Stop & Shop Customer Service at 1-800-767-7772 for more information. Customers can also visit the Stop & Shop website at stopandshop.com The Stop & Shop Supermarket Company LLC employs over 59,000 associates and operates 395 stores throughout Massachusetts, Connecticut, Rhode Island, New York and New Jersey. The company helps support local communities fight hunger, combat childhood cancer and promote general health and wellness - with emphasis on children's educational and support programs. In its commitment to be a sustainable company, Stop & Shop is a member of the U.S. Green Building Council and EPA's Smart Way program and has been recognized by the EPA for the superior energy management of its stores. Stop & Shop is an Ahold company. To learn more about Stop & Shop, visit www.stopandshop.com or www.facebook.com/stopandshop. Pictures of the Recalled Products available at: http://is.gd/UHqMfY SWISHER HYGIENE: Class Action Filed Over Ecolab Sale ---------------------------------------------------- Swisher Hygiene Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on September 17, 2015, that a derivative lawsuit seeking to be certified as a class action was filed against Swisher Hygiene Inc. ("Swisher"), the members of the Swisher board of directors, individually, and Ecolab Inc. ("Ecolab") in connection with the proposed sale of all of the assets primarily used in Swisher's chemical service, wholesale and hygiene businesses (in each case outside of Canada) to Ecolab pursuant to the Purchase Agreement by and between Swisher and Ecolab dated August 12, 2015 (the "Purchase Agreement"). Swisher believes the claims alleged by the plaintiff are without merit and it intends to vigorously defend against them. The lawsuit was filed on September 11, 2015. The lawsuit seeks to be certified as a class was filed in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina (the "Court") by Malka Raul, derivatively on behalf of Swisher, and individually and on behalf of all others similarly situated, against Swisher, the members of the Swisher board of directors, individually, and Ecolab. The plaintiff has alleged that: (i) the sale of Swisher to Ecolab contemplated by the Purchase Agreement is unfair and inequitable to the Swisher stockholders and constitutes a breach of the fiduciary duties of the directors in the sale of Swisher, (ii) defendants have exacerbated their breaches of fiduciary duty by agreeing to lock up the Sale Transaction with deal protection devices that preclude other bidders from making a successful competing offer for Swisher, and preclude stockholders from voting against the Sale Transaction, (iii) the Sale Transaction will divest the Swisher stockholders of their ownership interest in Swisher for inadequate consideration; (iv) each of the defendants violated and continues to violate applicable law by directly breaching and/or aiding and abetting the defendants' breaches of fiduciary duties of loyalty, due care, independence, good faith and fair dealings, (v) the Sale Transaction is the product of a flawed process that was designed to sell Swisher to Ecolab on terms detrimental to plaintiff and the other Swisher stockholders, (vi) the proxy statement fails to provide Swisher stockholders with material information and/or provides them with materially misleading information and (vii) the proxy statement fails to provide Swisher stockholders with all material information concerning the financial analysis of Cassel Salpeter & Co., LLC. The causes of action set forth in the complaint are: (i) a claim for breach of fiduciary duty against the individual defendants, (ii) a claim for aiding and abetting breaches of fiduciary duty against Ecolab, (iii) a derivative claim for breach of fiduciary duties against the individual defendants, and (iv) a derivative claim for unjust enrichment against the individual defendants. The plaintiff primarily seeks to: (i) enjoin defendants from consummating the Sale Transaction unless and until the individual defendants adopt and implement a fair procedure or process to sell Swisher, (ii) direct the individual defendants to exercise their fiduciary duties to obtain a transaction which is in the best interests of Swisher and its stockholders and (iii) rescinding, to the extent already implemented, the Purchase Agreement or any of the terms thereof. The plaintiff also seeks costs and disbursements, including reasonable attorneys' and experts fees, and such other equitable and/or injunctive relief as the Court may deem just and proper. The case is, Malka Raul v. Swisher Hygiene Inc. et al., Case No. 15-CVS-16703 (Superior Court, Mecklenburg County, North Carolina)). TATE'S BAKE: Recalls Chocolate Chip Cookies Due to Walnut --------------------------------------------------------- Tate's Bake Shop of Southampton, NY is recalling Tate's 7 oz Chocolate Chip Cookies with Best By date of Mar 20, 2016 and Tate's 7 oz Gluten Free Ginger Zinger Cookies with Best By date of Jan 04, 2016 because they may contain undeclared walnut allergen. People who have an allergy or severe sensitivity to walnuts run the risk of serious or allergic reaction if they consume these products. Tate's 7 oz Chocolate Chip cookies and Tate's 7 oz Gluten Free Ginger Zinger cookies are distributed nationwide through retail stores. The product can be identified by a Best by date of March 20, 2016 for the Chocolate Chip cookies and Jan 04, 2016 for the Ginger Zinger cookies, ink jetted on the bottom of the outer package. No illnesses have been reported to date. The recall was initiated after it was discovered that a product containing walnuts was distributed in packaging that did not reveal the presence of walnuts. Consumers who have purchased Tate's 7 oz Chocolate chip cookies with a best by date of Mar 20, 2016 or Tate's 7 oz Gluten Free Ginger Zinger with a best by date of Jan 04 2016 are urged to return it to the place of purchase for a full refund. Consumers with questions may contact the company at 1-631-780-6511 between the hours of 9:00AM to 5:00PM, Monday through Friday. Pictures of the Recalled Products available at: http://is.gd/fzGfR8 TILLY'S INC: Intends to Defend "Christiansen" Case -------------------------------------------------- Tilly's, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015, that the Company intends to defend this case, Kirstin Christiansen, Shellie Smith and Paul Haug, on behalf of themselves and all others similarly situated vs. World of Jeans & Tops, Superior Court of California, County of Sacramento, Case No. 34-2013-139010. The Company said, "On January 29, 2013, the plaintiffs in this matter filed a putative class action lawsuit against us alleging violations of California Civil Code Section 1747.08, which prohibits requesting or requiring personal identification information from a customer paying for goods with a credit card and recording such information, subject to exceptions. In June 2013, the Court granted our motion to strike portions of the plaintiffs' complaint and granted plaintiffs leave to amend. Plaintiffs have amended the complaint. The parties have completed class certification discovery and briefing, and a hearing was held on August 13, 2015. The complaint seeks certification of a class, unspecified damages, injunctive relief and attorneys' fees. We intend to defend this case vigorously." TILLY'S INC: Working on Potential Resolution of "Rebolledo" Case ---------------------------------------------------------------- Parties in the class action by Maria Rebolledo have attended a mediation proceeding and are working on a potential resolution of the case, Tilly's, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015. The Company said, "On December 5, 2012, the plaintiff in this matter filed a putative class action lawsuit against us alleging violations of California's wage and hour, meal break and rest break rules and regulations, and unfair competition law, among other things. An amended complaint was filed on February 22, 2013, to add a claim for penalties under the California Private Attorneys General Act." "In March 2013, we filed a motion to compel arbitration, which was denied in June 2013 and later affirmed on appeal. In October 2014, we filed an answer to the amended complaint. The parties recently attended a mediation proceeding and are working on a potential resolution. If this matter does not settle, we intend to defend this case vigorously." The case is, Maria Rebolledo, individually and on behalf of all others similarly situated and on behalf of the general public vs. Tilly's, Inc.; World of Jeans & Tops, Superior Court of the State of California, County of Orange, Case No. 30-2012-00616290-CU-OE- CXC. TILLY'S INC: Intends to Defend "Whitten" Case --------------------------------------------- Tilly's, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015, that the Company intends to defend this case, Karina Whitten, on behalf of herself and all others similarly situated, v. Tilly's Inc., Superior Court of California, County of Los Angeles, Case No. BC 548252. The Company said, "On June 10, 2014, plaintiff filed a putative class action and representative Private Attorney General Act lawsuit against us alleging violations of California's wage and hour, meal break and rest break rules and regulations, and unfair competition law, among other things. The complaint seeks class certification, penalties, restitution, injunctive relief and attorneys' fees and costs. Plaintiff filed a first amended complaint on December 3, 2014, removing the expense reimbursement claim. We answered the complaint on January 8, 2015. We intend to defend this case vigorously." TILLY'S INC: Settled "Ortiz" Class Action in E.D. Cal. ------------------------------------------------------ Tilly's, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended August 1, 2015, that the parties have settled the action, Herbert Ortiz and Audra Haynes, individually, and on behalf of the generally public, v. Tilly's Inc., United States District Court for the Eastern District of California, Case No. 1:15-CV-108-MJS. On November 6, 2014, plaintiff filed a putative class action and representative Private Attorney General Act lawsuit against the Company in the Superior Court of California, County of Fresno, alleging violations of California's wage and hour, meal break and rest break rules and regulations, and unfair competition law, among other things. The complaint seeks class certification, penalties, restitution, injunctive relief and attorneys' fees and costs. The Company said, "On January 21, 2015, we answered the complaint and removed the action to the United States District Court for the Eastern District of California. In June 2015, the parties settled the action and the case was dismissed on July 10, 2015." TIME WARNER: MOU Reached in NY Action Related to Comcast Deal ------------------------------------------------------------- Time Warner Cable Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on September 9, 2015, that the parties to a class action in New York related to the contemplated merger with Comcast Corporation have entered into a memorandum of understanding providing for the settlement of the New York Action. Beginning on February 14, 2014, numerous putative class action complaints in connection with the contemplated merger of TWC and Comcast Corporation ("Comcast") pursuant to a different merger agreement were filed on behalf of purported TWC stockholders in the Supreme Court of the State of New York, New York County (the "NY Supreme Court") naming as defendants TWC, the members of the TWC board of directors, Comcast and Comcast's merger subsidiary. Five of the New York complaints were consolidated into a class action in the NY Supreme Court captioned Barrett, Wedeking, Graulich IRA, Lassoff and Thomas v. Time Warner Cable Inc., et al., Index No 650507/2014 (the " New York Action"). Following the announcement of the Mergers on May 26, 2015, on June 29, 2015, the parties in the New York Action filed a stipulation agreeing that plaintiffs could file a Second Consolidated Class Action Complaint (the "Second Amended Complaint"), and dismissing with prejudice Comcast and Comcast's merger subsidiary. After the court so ordered the stipulation, the plaintiffs in the New York Action filed the Second Amended Complaint on July 1, 2015. The Second Amended Complaint names as defendants TWC, the members of the TWC board of directors, Charter and the other parties to the Merger Agreement. The Second Amended Complaint generally alleges, among other things, that members of the TWC board of directors breached their fiduciary duties to TWC stockholders during the Charter merger negotiations by entering into the Merger Agreement and approving the Mergers, and that Charter aided and abetted such breaches of fiduciary duties. On September 9, 2015, the parties to the New York Action entered into the MOU providing for the settlement of the New York Action. While the defendants in the New York Action continue to vigorously deny all allegations of wrongdoing, fault, liability or damage to any of the plaintiffs or the class of stockholders of TWC, and believe that no supplemental disclosure is required under the applicable law, in order to (i) avoid the burden, inconvenience, expense and distraction of further litigation in connection with the New York Action, (ii) finally put to rest and terminate all of the claims that were or could have been asserted against the defendants in the New York Action and (iii) permit the Mergers to proceed without risk of the NY Supreme Court ordering an injunction or damages in connection with the New York Action, TWC, Charter and New Charter have agreed, without admitting any liability or wrongdoing, pursuant to the terms of the MOU, to make certain supplemental disclosures related to the proposed Mergers. The MOU contemplates that the parties will enter into a stipulation of settlement. The stipulation of settlement will be subject to customary conditions, including court approval following notice to TWC stockholders. In the event that the parties enter into a stipulation of settlement, a hearing will be scheduled at which the NY Supreme Court will consider the fairness, reasonableness and adequacy of the settlement. If the settlement is finally approved by the court, it will resolve and release all claims by stockholders of TWC challenging any aspect of the proposed Mergers, the Merger Agreement and any disclosure made in connection therewith, including in the Definitive Proxy Statement, pursuant to terms that will be disclosed to TWC's and Charter's respective stockholders prior to final approval of the settlement. The settlement is also contingent upon, among other things, the Mergers becoming effective under Delaware law. There can be no assurance that the parties will ultimately enter into a stipulation of settlement or that the court will approve the settlement contemplated by the MOU. In the event that the settlement is not approved or such conditions are not satisfied, the defendants will continue to vigorously defend against the allegations in the New York Action. TRANSWORLD SYSTEMS: Illegally Collects Debt, "Libby" Suit Says -------------------------------------------------------------- Linda Libby, individually and on the behalf of all others similarly situated v. Transworld Systems, Inc. et al, Case No. 3:15-cv-07797 (D.N.J., October 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Transworld Systems, Inc. owns and operates a debt collection firm. The Plaintiff is represented by: Ari Hillel Marcus, Esq. Yitzchak Zelman, Esq. MARCUS ZELMAN LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (732) 695-3282 Facsimile: (732) 298-6256 E-mail: ari@marcuszelman.com yzelman@marcuszelman.com UTI WORLDWIDE: Filed New Motion to Dismiss Class Action ------------------------------------------------------- UTi Worldwide Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015, that the Company has filed a new motion to dismiss the class action related to the fiscal 2015 financing. On March 17, 2014, a putative securities class action lawsuit was filed against the Company and certain of its executives in the United States District Court for the Central District of California. As amended on September 5, 2014, the complaint, which is captioned Michael J. Angley, individually and on behalf of himself and all others similarly situated v. UTi Worldwide Inc., Eric W. Kirchner, Richard G. Rodick, Edward G. Feitzinger and Jeffrey W. Misakian, No. 2:14-cv-02066, generally alleges that the defendants violated Section 10(b) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), Rule 10b-5 promulgated thereunder and Section 20(a) of the Exchange Act by misstating or failing to disclose, in certain public statements made and in filings with the SEC between March 28, 2013 and February 26, 2014, material facts relating to the Company's liquidity position, financial condition, financial covenants, financial systems and freight forwarding operating system. The complaint seeks unspecified damages and other relief. The Company and the individual defendants deny any allegations of wrongdoing and intend to vigorously defend against this lawsuit. All defendants moved to dismiss on November 4, 2014. On June 10, 2015, the court granted defendants' motion to dismiss, with leave for plaintiffs to amend. On June 29, 2015, plaintiffs filed an amended complaint and on July 20, 2015, the Company filed a new motion to dismiss. VIOLIN MEMORY: Class Action in Discovery Phase ---------------------------------------------- Violin Memory, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015, that a consolidated class action lawsuit is in the discovery phase of the litigation. Beginning on November 26, 2013, four putative class action lawsuits were filed in the United States District Court for the Northern District of California naming as defendants the Company, a number of the Company's present or former directors and officers, and the underwriters of the Company's September 27, 2013 initial public offering (the "IPO"). The four complaints were consolidated into a single, putative class action, and co-lead plaintiffs were appointed by the court. On March 28, 2014, the plaintiffs filed a consolidated complaint purporting to assert claims under the federal securities laws, based upon seven categories of alleged omissions, on behalf of purchasers of the Company's common stock issued in the IPO. The complaint sought damages in an unspecified amount and other relief. On April 18, 2014, the defendants filed motions to dismiss the complaint. On October 31, 2014, the court granted in part and denied in part defendants' motions to dismiss. The court's order dismissed all except one category of alleged omissions, and gave plaintiffs the opportunity to amend the complaint. On November 21, 2014, the plaintiffs filed an amended consolidated complaint and, in so doing, chose not to amend their claims against the Company or the present or former directors and officers. On April 30, 2015, the court issued an order granting in part the defendants' motions to dismiss the amended consolidated complaint. The court's order dismissed all except two categories of claims against the Company and the present or former directors and officers of the Company and certain claims against the underwriters. On May 6, 2015, the plaintiffs filed a second amended consolidated complaint. On May 20, 2015, the Company and the present and former directors and officers filed an answer to the second amended consolidated complaint denying the material allegations of the complaint and alleging numerous affirmative defenses to the remaining claims. The case is now in the discovery phase of the litigation. VOLKSWAGEN GROUP: Faces "Pomerantz" Suit Over Defeat Devices ------------------------------------------------------------ Mark Pomerantz and Tiffany Ford individually and on behalf of all others similarly situated v. Volkswagen Group of America, Inc., et al., Case No. 1:15-cv-01425-LO-MSN (E.D. Va., October 30, 2015) arises out of the Defendants alleged intentional installation of so-called "defeat devices" on at least 482,000 diesel Volkswagen and Audi vehicles sold in the United States since 2009. Volkswagen Group of America, Inc. is engaged in the business of designing, manufacturing, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components throughout the United States of America. The Plaintiff is represented by: John A. C. Keith, Esq. David J. Gogal, Esq. William B. Porter, Esq. BLANKINGSHIP & KEITH, P. C. 4020 University Drive, Suite 300 Fairfax, VA 22030 Telephone: (703) 691-1235 Facsimile: (703) 691-3913 E-mail: jkeith@bklawva.com dgogal@bklawva.com wporter@bklawva.com - and - Marc M. Seltzer, Esq. Steven G. Sklaver, Esq. SUSMAN GODFREY L.L.P. 1901 Avenue of the Stars, Suite 950 Los Angeles, CA 90067-6029 Telephone: (310)789-3100 Facsimile: (310)789-3150 E-mail: mseltzer@susmangodfrey.com ssklaver@susmangodfrey.com - and - William C. Carmody, Esq. SUSMAN GODFREY L.L.P. 560 Lexington Avenue, 15th Floor New York, NY 10022 Telephone: (212) 336-8330 Facsimile: (212) 336-8340 E-mail: bcarmody@susmangodfrey.com - and - Vineet Bhatia, Esq. SUSMAN GODFREY L.L.P. 1000 Louisiana, Suite 5100 Houston, TX 77002 Telephone: (713)651-9366 Facsimile: (713)654-6666 E-mail: vbhatia@susmangodfrey.com WAL-MART STORES: Petition for Writ Filed in Braun/Hummel Case ------------------------------------------------------------- Wal-Mart Stores, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015, that in the case, Braun/Hummel v. Wal-Mart Stores, Inc., the Company has filed a petition for writ of certiorari with the U.S. Supreme Court, the plaintiffs have filed their response in opposition and the Company have filed its reply brief. The Company is a defendant in Braun/Hummel v. Wal-Mart Stores, Inc., a class-action lawsuit commenced in March 2002 in the Court of Common Pleas in Philadelphia, Pennsylvania. The plaintiffs allege that the Company failed to pay class members for all hours worked and prevented class members from taking their full meal and rest breaks. On October 13, 2006, a jury awarded back-pay damages to the plaintiffs of approximately $78 million on their claims for off- the-clock work and missed rest breaks. The jury found in favor of the Company on the plaintiffs' meal-period claims. On November 14, 2007, the trial judge entered a final judgment in the approximate amount of $188 million, which included the jury's back-pay award plus statutory penalties, prejudgment interest and attorneys' fees. By operation of law, post-judgment interest accrues on the judgment amount at the rate of six percent per annum from the date of entry of the judgment, which was November 14, 2007, until the judgment is paid, unless the judgment is set aside on appeal. On December 7, 2007, the Company filed its Notice of Appeal. On June 10, 2011, the Pennsylvania Superior Court of Appeals issued an opinion upholding the trial court's certification of the class, the jury's back pay award, and the awards of statutory penalties and prejudgment interest, but reversing the award of attorneys' fees. On September 9, 2011, the Company filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court. On July 2, 2012, the Pennsylvania Supreme Court granted the Company's Petition. On December 15, 2014, the Pennsylvania Supreme Court issued its opinion affirming the Superior Court of Appeals' decision. At that time, the Company recorded expenses of $249 million for the judgment amount and post-judgment interest incurred to date. The Company will continue to accrue for the post-judgment interest until final resolution. However, the Company continues to believe it has substantial factual and legal defenses to the claims at issue, and, on March 13, 2015, the Company filed a petition for writ of certiorari with the U.S. Supreme Court. On April 20, 2015, the plaintiffs filed their response in opposition and on May 4, 2015, the Company filed its reply brief. WORLD VARIETY: Recalls Italian Pine Nuts Due to Salmonella ---------------------------------------------------------- World Variety Produce, Inc. of Los Angeles, CA is voluntarily recalling Italian Pine Nuts 2oz and 3oz, because it has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. Italian Pine Nuts were distributed through retailers in Arizona, Arkansas, California, Florida, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Virginia, and Washington. No illnesses have been reported to date. Recalled Italian Pine Nuts can be identified by the following descriptions: Melissa's Italian Pine Nuts --------------------------- Brand: Melissa's Italian Pine Nuts Packaging: 2oz (57g) Plastic Bag UPC Code: 0-45255-14351-5 Use By Date: (located on back panel) 09.14.2016 Batch Code: (located on back panel) 15CNP10 Wegmans Italian Classics Pine Nuts 3oz -------------------------------------- Brand: Wegmans Italian Classics Pine Nuts Packaging: 3oz (85g) Square Plastic Tub UPC Code: 0-77890-24823-2 Best Used By Date (located on bottom of tub) 041016, 041716 The recall was a result of a routine random sampling program by the FDA which revealed that the finished products contained the bacteria. The company has ceased the production and distribution of the product as the FDA and World Variety Produce, Inc. continue their investigation as to what caused the problem. Consumers who have purchased Melissa's Italian Pine Nuts 2oz & Wegmans Italian Classics Pine Nuts 3oz are urged to destroy and dispose of recalled product. Consumers with questions may contact the company at hotline@melissas.com or call 1-800-588-0151, Mon- Fri 6:00 AM-6:00 PM PST. Pictures of the Recalled Products available at: http://is.gd/J2pkLg XURA INC: To Defend Against Israeli Optionholder Class Action ------------------------------------------------------------- Xura, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on September 9, 2015, for the quarterly period ended July 31, 2015, that the Company intends to defend the Israeli Optionholder Class Action. CTI and certain of its former subsidiaries, including Comverse Ltd. (a subsidiary of the Company), were named as defendants in four potential class action litigations in the State of Israel involving claims to recover damages incurred as a result of purported negligence or breach of contract due to previously- settled allegations regarding illegal backdating of CTI options that allegedly prevented certain current or former employees from exercising certain stock options. The Company intends to vigorously defend these actions. Two cases were filed in the Tel Aviv District Court against CTI on March 26, 2009, by plaintiffs Katriel (a former Comverse Ltd. employee) and Deutsch (a former Verint Systems Ltd. employee). The Katriel case (Case Number 1334/09) and the Deutsch case (Case Number 1335/09) both seek to approve class actions to recover damages that are claimed to have been incurred as a result of CTI's negligence in reporting and filing its financial statements, which allegedly prevented the exercise of certain stock options by certain employees and former employees. By stipulation of the parties, on September 30, 2009, the court ordered that these cases, including all claims against CTI in Israel and the motion to approve the class action, be stayed until resolution of the actions pending in the United States regarding stock option accounting, without prejudice to the parties' ability to investigate and assert the unique facts, claims and defenses in these cases. On May 7, 2012, the court lifted the stay, and the plaintiffs have filed an amended complaint and motion to certify a class of plaintiffs in a single consolidated class action. The defendants responded to this amended complaint on November 11, 2012, and the plaintiffs filed a further reply on December 20, 2012. A pre-trial hearing for the case was held on December 25, 2012, during which all parties agreed to attempt to settle the dispute through mediation. The mediation process ended without success. According to the parties' consent to submit summations in the motion to certify the claims as a class action, including the certification of the class of plaintiffs, the court held the following dates for submission of summations: Summations on behalf of the plaintiffs were submitted on August 31, 2014; Summations on behalf of the defendants were submitted on November 20, 2014; and summations of response by the plaintiffs were submitted on December 30, 2014. On February 9, 2015, the Judge presiding over the case recused herself due to a conflict of interests. On March 30, 2015, the plaintiffs filed a motion to the Court seeking to have the case assigned to a new presiding Judge and as a result on April 4, 2015 a new presiding judge was assigned to the case. The parties are now awaiting for the Court's decision. Separately, on July 13, 2012, plaintiffs filed a motion seeking an order that CTI hold back $150 million in assets as a reserve to satisfy any potential damage awards that may be awarded in this case, but did not seek to enjoin the Share Distribution. On July 25, 2012, the court decided that it will not rule on the motion until after it rules on plaintiffs' motion to certify a class of plaintiffs. On August 16, 2012, plaintiffs filed a motion for leave to appeal the court's decision to the Israeli Supreme Court (the "Appeal") and on November 11, 2012, CTI responded to plaintiff's motion. On July 1, 2014, the plaintiffs filed a motion to the Supreme Court to withdraw the Appeal and accordingly the Appeal was dismissed. Two cases were also filed in the Tel Aviv Labor Court by plaintiffs Katriel and Deutsch, and both sought to approve class actions to recover damages that are claimed to have been incurred as a result of breached employment contracts, which allegedly prevented the exercise by certain employees and former employees of certain CTI and Verint stock options, respectively. The Katriel litigation (Case Number 3444/09) was filed on March 16, 2009, against Comverse Ltd., and the Deutsch litigation (Case Number 4186/09) was filed on March 26, 2009, against Verint Systems Ltd. The Tel Aviv Labor Court has ruled that it lacks jurisdiction, and both cases have been transferred to the Tel Aviv District Court. These cases have been consolidated with the Tel Aviv District Court cases. The Company has not accrued for these matters as the potential loss is currently not probable or estimable. An additional case has been filed by an individual plaintiff in the Tel Aviv District Court similarly seeking to recover damages up to an aggregate of $3.3 million allegedly incurred as a result of the inability to exercise certain stock options. The case generally alleges the same causes of actions alleged in the potential class action discussed above. The parties conducted a mediation process that ended without success. On June 26, 2014 the Court ordered the plaintiff to notify it why not to transfer the claim to the Labor Court. On July 10, 2014, the plaintiff filed a notice to court according to which the subject-matter jurisdiction is reserved to the District Court. The Court did not accept the plaintiff's argument and has assigned the case to the Labor Court. A preliminary hearing at the Labor court was held on July 8, 2015. The court scheduled dates for further proceedings, as follows: Completion of preliminary proceedings by October 10, 2015; Plaintiff will submit affidavits on his behalf by January 1, 2016; The defendants will submit affidavits on their behalf by April 1, 2016; Evidentiary hearings have been set for June 23, 2016 and July 14, 2016. ZENOBIA COMPANY: Recalls Flax Seed Products Due to Salmonella ------------------------------------------------------------- Zenobia Company LLC of Yonkers, NY is recalling Ground Flax Seed Meal, because they have the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. Product was distributed nationwide through online mail order between dates of 6/15/15 - 11/4/15. This product is labeled Ground Flax Seed Meal packaged in resealable plastic bags of the following sizes: 4 oz. and 16 oz. or 50 pounds bulk. UPC #'s 00575004, 00575016, 00575111 No illnesses have been reported to date. The recall was initiated after our supplier notified us that the Ground Flax Seed Meal potentially containing Salmonella was shipped to us by them unknowingly. Consumers with questions may contact the company at 1-877-890- 5244, Monday - Friday, 9am - 5pm, EST. Consumers who have purchased Ground Flax Seed Meal are urged to discard product and contact company for a full refund. Pictures of the Recalled Products available at: http://is.gd/Q1ugGa ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2015. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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